Kluwer: Multi-Tiered Dispute Resolution Clauses: Can the Agreement to Mediate Prior to Commencing Arbitration Be Binding?

By Alexandra Schluep (Avizor Advocates & Arbitrators) and Roelien van den Berg (Avizor Advocates & Arbitrators)

On 12 July 2024, the Dutch Supreme Court (the “Supreme Court”) rendered its much anticipated decision on whether clauses providing for mediation as a procedural step before arbitration (or court litigation) are binding upon the parties, requiring an arbitral tribunal (or court) to decline jurisdiction to hear the case or, at least, requiring a stay...