Multi-tiered dispute resolution clauses in arbitration

Abstract

The validity and scope of multi-tiered dispute resolution clauses are much debated issues in Swedish and foreign arbitration law. In this article it is posited that the parties’ agreement that implementation of certain pre-arbitration steps to resolve their grievancies constitutes a condition precedent for initiating arbitration should, under certain circumstances, serve as a bar to the jurisdiction of arbitrators under Swedish law. This follows, in principle, from the parties’ autonomy to decide on their dispute resolution procedure.