The Staggered or multilevel clause in the alternative conflict resolution

Abstract

The staggered or multilevel clause is characterized by establishing other alternative methods of conflict resolution prior to the arbitration process that seek an accepted and peaceful solution. They are increasingly used in international contracts and in commercial traffic. They are based on the principle of private autonomy of the parties and on the contractual theory whose effects will depend on its wording as binding, forcing the parties to comply with the prior stage  to arbitration or otherwise its effectiveness would be affected and it could be inapplicable. In the case of non-compliance with the provisions of the staggered clause, it could generate two situations, one where the arbitral tribunal decides to continue with the arbitration process because the requirements set forth in the clause have been met, and the second, which it decides through an examination of its own jurisdiction or through an admissibility test and a third option that consists of the suspension of the arbitration process.