Vasilis Pappas and Artem Barsukov have contributed a chapter to Global Arbitration Review's The Guide to Energy Arbitrations (5th Ed.) entitled Five Years Later: Update on Multi-Tier Dispute Resolution Clauses as Jurisdictional Conditions Precedent to Arbitration.

This chapter was originally published in 2017, in an earlier edition of the Guide to Energy Arbitrations to:

  • explore the benefits and drawbacks of multi-tier clauses;
  • identify how various jurisdictions around the world have addressed whether they constitute jurisdictional conditions precedent to the commencement of arbitration;
  • outline considerations for transactional lawyers and parties incorporating multi-tier clauses into their agreements; and
  • provide recommendations for how arbitration practitioners should deal with such clauses when they encounter them.

Since then, there have been major developments in this area in a number of jurisdictions, necessitating an update to this chapter.

Vasilis is the Co-Head of Bennett Jones' Arbitration, International Arbitration and Investor-State Arbitration practice groups, practicing out the firm's Vancouver office. Artem is a member of Bennett Jones' Arbitration and International Arbitration practice groups, practicing out of the firm's Edmonton office. Both Vasilis and Artem publish and speak frequently on topics relating to arbitration.

Accreditation: An extract from the fifth edition of GAR's The Guide to Energy Arbitrations, first published in July 2022. The whole publication is available at https://globalarbitrationreview.com/guide/the-guide-energy-arbitrations/fifth-edition

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.