International Arbitration partners Christopher Ryan, Jonathan Greenblatt and Henry Weisburg authored an article for the New York Law Journal, titled “Ensuring Tiered Dispute Resolution Clauses Serve Their Intended Function,” that was published on November 28.

The article focuses on the pitfalls associated with the increasing use of tiered dispute resolution clauses in commercial contracts. These clauses, which set out non-binding steps -- ranging from executive negotiations to mediation -- that are to be undertaken prior to submitting a dispute to arbitration, must be properly drafted in order to be enforceable. 

The Team