cláusula escalonada

English translation: escalation clause

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:cláusula escalonada
English translation:escalation clause
Entered by: Andre Lange (X)

02:10 Oct 17, 2014
Portuguese to English translations [PRO]
Law/Patents - Law (general)
Portuguese term or phrase: cláusula escalonada
Uma cláusula que merece destaque no Contrato de EPC ora analisado é a que dispõe sobre a chamada cláusula escalonada, que é toda aquela que prevê algum ou alguns tipos de procedimentos pré-arbitrais que devem ser percorridos pelas partes antes de poderem recorrer à arbitragem
Andre Lange (X)
Brazil
Local time: 13:37
escalation clause
Explanation:
http://www.nortonrosefulbright.com/knowledge/publications/11...

In escalation clauses, parties engage in a series of steps, usually in the form of one or more alternative dispute resolution procedures – such as structured negotiations, mediation, adjudication, neutral or expert determination – before resorting to the ‘final’ dispute resolution mechanisms of litigation or arbitration. Each subsequent step in the process is engaged if the parties cannot resolve the dispute during the previous step.
Selected response from:

Gilmar Fernandes
United States
Local time: 12:37
Grading comment
Muito obrigado!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1escalation clause
Gilmar Fernandes
4 +1stepped clause
Maria Teresa Borges de Almeida
3progressive clause, multi-stage clause
Mario Freitas


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
escalation clause


Explanation:
http://www.nortonrosefulbright.com/knowledge/publications/11...

In escalation clauses, parties engage in a series of steps, usually in the form of one or more alternative dispute resolution procedures – such as structured negotiations, mediation, adjudication, neutral or expert determination – before resorting to the ‘final’ dispute resolution mechanisms of litigation or arbitration. Each subsequent step in the process is engaged if the parties cannot resolve the dispute during the previous step.

Gilmar Fernandes
United States
Local time: 12:37
Specializes in field
Native speaker of: Native in PortuguesePortuguese, Native in EnglishEnglish
PRO pts in category: 1082
Grading comment
Muito obrigado!

Peer comments on this answer (and responses from the answerer)
agree  Adrian MM. (X)
2 hrs
  -> Thanks Tom :)
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
progressive clause, multi-stage clause


Explanation:
Sugestão

Mario Freitas
Brazil
Local time: 13:37
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 842
Login to enter a peer comment (or grade)

5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
stepped clause


Explanation:
My suggestion...

Increasingly common are dispute resolution clauses re-quiring the use of Alternative Dispute Resolution (ADR) processes in sequence. Such "stepped" or "multi-tiered" dispute resolution provisions (Stepped Clauses) may stipulate, as prerequisites to a binding determination through arbitration or litigation, any combination of processes including negotiation, mediation, neutral evaluation, or expert determination.
http://www.mondaq.com/canada/x/65050/Arbitration Dispute Res...

Maria Teresa Borges de Almeida
Portugal
Local time: 17:37
Works in field
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 122

Peer comments on this answer (and responses from the answerer)
agree  Ana Vozone
24 mins
  -> Obrigada, Ana!
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