Yes, clauses requiring negotiation or mediation before arbitration are generally enforceable, provided the pre-conditions are clearly defined and not just an unenforceable agreement to agree. Failing to follow these steps before starting arbitration can risk a challenge to the tribunal's jurisdiction.
Quick Question
Is a Multi-Tier Dispute Resolution Clause Enforceable in Singapore?
The short answer
Quick answer
Yes, clauses requiring negotiation or mediation before arbitration are generally enforceable, provided the pre-conditions are clearly defined and not just an unenforceable agreement to agree.
General information only. This answer does not constitute legal advice. The appropriate response depends on the facts and circumstances of each matter.