Frederick Acomb moderated a panel discussion in Tokyo entitled “Tiered dispute resolution clauses: best practice and enforcement of obligations to negotiate in good faith.” The panel was sponsored by the International Bar Association Litigation Committee.  The description of the panel was as follows:

Tiered dispute resolution clauses are now very common, but do they work? How do you enforce an obligation to negotiate in good faith? In some jurisdictions they are not enforceable at all. Do such clauses achieve their aim or can these ‘midnight clauses’ lead to nightmares?

The speakers on the panel were:

• Luming Chen Jun He Law Offices, Shanghai, China; Regional Representative Asia General, Litigation Committee
• Anna Grishchenkova FBK-Legal, Moscow, Russian Federation
• Simon Hart RPC, London, England
• Félix J Montero Pérez-Llorca, Madrid, Spain; Membership Officer, Litigation Committee
• Hiroki Wakabayashi Anderson Mori & Tomotsune, Tokyo, Japan