Pranav Kardale & Parth Agrawal, BBA LLB, Symbiosis Law School, Nagpur
Introduction:
Diversity within the methodology of the dispute-resolution clauses has been the sine qua non in contemporary transnational contracts. Depending upon the continuous commercial relation parties tries to solve their dispute through various dispute resolution mechanism even in tiered manner and not in an alternative manner basically known as multi-tiered dispute resolution mechanism, this mechanism contains a variety of dispute resolution process like negotiation, mediation, arbitration. Parties try to settle their dispute outside the court before going for the court proceedings. This system of ADR assures that the parties shall go to the next stage of dispute resolution only after one methodology of resolution has been tried but the parties failed to reach to a conclusion. International law plays a crucial role in dispute resolution mechanism as different countries have different framework for the dispute resolution mechanism. International laws ensures that disputes shall resolved fairly and in accordance with the established legal principles of the respective countries.
The idea of a multi-tiered system of ADR is not a new one; it is a feature of arbitration that is accepted not only in India but also in other countries around the world, allowing parties to select different dispute resolution procedures in the same case or legal proceedings arising from the same contract.1
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