Dissertation > Excellent graduate degree dissertation topics show

A Study of Multi-tiered Dispute Resolution Clause

Author: FengQiaoEr
Tutor: ZhouQingHua
School: Dalian Maritime University
Course: Legal
Keywords: Multi-tiered Dispute Resolution Clause Precondition of Arbitration Procedural Arbitrability Enforceability
CLC: D997.4
Type: Master's thesis
Year: 2011
Downloads: 33
Quote: 0
Read: Download Dissertation

Abstract


The international trade becomes increasingly frequent, and people’s ideas concerned dispute resolution are also updated constantly. Meanwhile, the multi-tiered dispute resolution clause in practice has been widely used in international commercial arbitration activities, especially in complex international commercial contract. The multi-tiered dispute resolution clause in the contract provides different ways of resolving the disputes in discussed, such as negotiation or mediation, conciliation, expert decision-making and arbitration. Generally, the final step of the multi-tiered dispute resolution clause is arbitration. Moreover, more and more disputes arising from the case involve the enforcement of the multi-tiered dispute resolution clause. It is implied that multi-tiered dispute resolution clause plays an increasingly important role in international commercial activities. However, in practical application it is accompanied with a lot of dilemmas, and this kind of issues concerned have not been paid enough attention, Therefore, the author here makes a primary study on multi-tiered dispute resolution clause in dealing with such kind of cases.This thesis consists of four chapters. Chapter one introduces the following three aspects:its concept; the reason why to choose such a dispute resolution clause; the social background and current situation of multi-tiered dispute resolution clause. Chapter two of this thesis is about the time of conclusion and the existing problems and corresponding countermeasures in concluding a multi-tiered dispute resolution clause. Chapter three introduces the prerequisite procedure to arbitration in multi-tiered dispute resolution clause, then analyses the enforceability of the multi-tiered dispute resolution clause. The Chapter four analyses whether and how the jurisdiction of Arbitral Tribunal will be affected while the parties have failed to fulfill the arbitration agreement’s procedural requirements.

Related Dissertations

  1. Benefit from the rights of a third party in the contract,D913
  2. A Study on the Recognition and Enforcement of Annulled International Arbitral Awards,D997.4
  3. International Commercial Arbitration \,D997.4
  4. Research on the Enforceability of SDT Articles in WTO,D996.1
  5. A Study on the Civil Basis of Enforcement,D915.2
  6. The electronic proxy legal system research,D913
  7. Recent Development of the Scope of Application of the CISG,D997.1
  8. On the Jurisdiction of Intellectual Property Right Disputes in International Private Law,D997
  9. International E-commerce Contract Concerning the Application of Law,D997.1
  10. Research on Strategy of Intellectual Property Rights Protection in International Science and Technology Cooperation,D997.1
  11. Public Order Reservation System,D997
  12. On Legal Effect Problems of International Commercial Mediation Agreement and Settlement Agreement,D997.4
  13. The Defects and Improvement of the Laws of Boarding of Vessels,D997.9
  14. Limit the abuse of public order reserved,D997
  15. International civil and commercial litigation in the first principle by the Court of Appeal,D997.3
  16. \,D997.9
  17. International organizations, the existing network Domain Name Dispute problem-solving research,D997.1
  18. On Fundamental Breach in the International Sales Convention,D997.1
  19. Study on Legal Problems About Eligibility of Athletes in Olympic Games in the View of Cases of CAS AHD,D997.1
  20. ICC arbitral award recognized nationalities in our country,D997.4
  21. Studys on the Shortcomings and Perfections of the Definition of Piracy in International Law,D997.9

CLC: > Political, legal > Legal > International law > Private international law > International Commercial Arbitration and the International Maritime Law
© 2012 www.DissertationTopic.Net  Mobile