The best time to settle an international business dispute can be after the international arbitration proceeding has been commenced. Just like in court litigation, parties may be ready to settle only after the adjudicatory process has begun and even has progressed. In court, judges commonly open the door to settlement; they hold settlement conferences and even actively participate in settlement negotiations. But arbitrators rarely open the door to settlement; when they do, they risk losing their jobs. So, what can international arbitrators safely do? What dare they do?
In this article, the author explores the dilemma presented when one neutral tries to both arbitrate and settle a case, considers the range of settlement initiatives available for arbitrators who try to settle, and then recommends protocols that arbitrators should adopt if they dare to try to settle cases.
10 Am. Rev. of Intl. Arb. 1 (1999)
10 Am. Rev. of Intl. Arb. 1