Samuel Wong discusses multi-tiered dispute resolution clauses at the Asia ADR Week 2023

At the Asia ADR Week 2023 organised by the Asian International Arbitration Centre, Samuel Wong delivered a discussion at the session “Navigating Disputes: Unveiling the Layers of Multi-Tiered Dispute Arbitration Clauses”. Samuel was joined by Mr Wong Hin Loong (HL Wong, Soh & Co), Ms Jessica Fei (King & Wood Mallesons), and Ms Mahnaz Malik (20 Essex), and Mr Shahdy Anwar (Maldives International Arbitration Centre) as Moderator. This session discusses the potential advantages and disadvantages of multi-tiered dispute resolution clauses and the approaches of courts and institutions to their interpretation and enforcement of such clauses.

In his discussion, Samuel illustrated the different mechanics of the 1st tier of multi-tiered arbitration clauses to establish expeditious resolutions and avoid legal costs. He further emphasised that the drafting of a multi-tiered arbitration clause must be properly formulated, and illustrated a number of best practices to do so in light of the Hong Kong Court of Final Appeal’s landmark judgment in C v D [2023] HKCFA 16.