Medici is pleased to share a recent contribution, published by Décideurs Juridiques, addressing one of the most important aspects of dispute resolution: multi-tier dispute resolution clauses. While these clauses are designed to mitigate litigation risk, they often become, in practice, a source of dispute themselves.
In these “expert insights”, the firm’s three partners, who regularly encounter such clauses in both litigation and arbitration, highlight the pitfalls to avoid when drafting and implementing these escalation clauses:
- Drafting the clause properly,
- Managing it during contract performance, and
- Anticipating risk at the pre-dispute stage.
This concise contribution offers practical guidance to professionals in both arbitration and commercial litigation dealing with such clauses, whether at the drafting stage or in their implementation.
Read the full article: https://www.decideurs-juridiques.com/paroles-experts-juridiques/64206-clauses-graduees-de-resolution-des-litiges-rempart-contractuel-ou-risque-procedural.html.