This paper introduces a new cross layer tree-based peer-to-peer design using hierarchical cluster layers and a new method for selection of "backup parent pools" for resilient streaming of scalable video to provide highest quality of experience for all peers. Backup parent pools are selected during the process of multicast tree construction based on information provided by the hierarchical clusters. The proposed tree construction method aims to minimize bottlenecks that may be caused by non-leaf nodes with low upload bandwidth. Performance of the proposed system is demonstrated by extensive test results using a wide range of simulation scenarios. Comparison of the results with those of some recent works indicates that the proposed system is clearly superior in several aspects. (C) 2011 Elsevier B.V. All rights reserved.