MULTITIER DISPUTE RESOLUTION AGREEMENT: A PROSPECTIVE RESOLUTION MECHANISM

Abstract

The question of whether the non-judicial components of Multi-tiered Dispute Resolution Clauses (MTDRCs), such as negotiation and mediation, are required and enforceable has been at the center of the discussion concerning their value. A significant mechanism for implementing the Alternative Dispute Resolution (ADR) tiers in dispute resolution terms in the international community is the UNCITRAL Model Law on International Commercial Conciliation. Many nations, notably the United States and Canada, which have established uniform laws based on their ideas, have attempted to enact laws that are based on or in some way influenced by this Model Law.