THE ENFORCEMENT OF MULTI-TIERED DISPUTE RESOLUTION CLAUSES IN INTERNATIONAL CONTRACTS
Bibliographic record
Abstract
Multi-tiered dispute resolution clauses encourage parties to seek a consensual solution to contractual disputes, while providing a binding dispute resolution process such as arbitration as a backstop. However, these clauses raise important enforcement issues. Although at common law it has been held that agreements to negotiate are unenforceable, a good case can be made for distinguishing ADR clauses requiring negotiations and mediation from unenforceable agreements to agree. While the matter involve negotiations to settle the terms of a contract, the former require the parties to participate in a defined process regardless of the outcome. Few Canadian courts have considered what remedies may be available for failing to comply with the initial steps of a multi-tiered ADR clause, or indeed the question of whether the arbitral tribunal rather than the court should decide enforceability and compliance issues. In such circumstances, appropriate drafting is imperative for such clauses to be effective .
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.030 | 0.043 |
| Meta-epidemiology (narrow) | 0.000 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.005 | 0.007 |
| Science and technology studies | 0.007 | 0.014 |
| Scholarly communication | 0.018 | 0.007 |
| Open science | 0.004 | 0.004 |
| Research integrity | 0.007 | 0.007 |
| Insufficient payload (model declined to judge) | 0.005 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".