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When Arbitrators Facilitate Settlement


When Arbitrators Facilitate Settlement: Towards a Transnational ...

The arbitrator may facilitate settlement, provided that a number of safeguards are put into place. He or she may offer to facilitate settlement at any time ...

Settlement in arbitration: should arbitrators play a greater role?

There are clear reasons to place an onus on the arbitrator to encourage settlement. As an objective observer who maintains regular contact with ...

Can Arbitrators Promote Settlement in Arbitration? - Aceris Law LLC

Different opinions emerge regarding the arbitrators' role in the settlement process. Certainly, arbitrators may facilitate settlement indirectly.

The Arbitrator's Mandate To Facilitate Settlement

459–70 (2011); Klaus Peter Berger, Promoting. Settlements in Arb.: Is the “German Approach” Really Incompatible with the Role of the. Arbitrator?, 9 NY DISP.

Facilitating Settlement in International Arbitration

by an arbitral tribunal to facilitate settlement, such steps should not expose the arbitrators to challenge, or jeopardise the enforceability of their award ...

Time to Listen and Act: Settlement Facilitation in Arbitration

The purpose of paragraph (2) is to avoid any resistance from participants in an arbitration, such as the management of a corporate party, who ...

Arbitrator Techniques and their (direct or potential) Effect on ...

Prague Rules Article 9.1.: “Unless one of the parties objects, the arbitral tribunal may assist the parties in reaching an amicable settlement ...

The Arbitrator as Settlement Facilitator – Vol. 24 No. 4

This article focuses on the situation where an arbitrator facilitates a settlement within arbitral proceedings.

Arbitrators and Settlement - Chapter 8 - ASA Special Series No. 45

Further, anecdotal evidence and empirical research suggest that a significant proportion of arbitrations settle. Against that background, it is perhaps ...

ARBITRATOR AS A SETTLEMENT FACILITATOR

What is the appropriate degree for arbitrators to facilitate the parties in resolving their disputes by way of settlement? How must such involvement be ...

The role of arbitrators in the settlement process - CMS Law

Hypothesis: Most arbitration rules do not require tribunals to encourage or facilitate settlement.

The Arbitrator's Mandate to Facilitate Settlement

The discussion whether an international arbitrator's mandate includes the facilitation of settlement between the parties is not new.

Mediation and Facilitating Settlement in International Arbitration

Provides guidance on the effective use of mediation within arbitration proceedings, as well as on other manners of facilitating settlement by arbitrators.

Approaches to Best Practice for Facilitating Settlements in Arbitration

“At any stage of the proceedings, the arbitral tribunal is entitled to facilitate the parties' endeavors to reach a settlement.” b. Arbitration ...

CEDR Rules for the Facilitation of Settlement in International ...

These CEDR Settlement Rules are designed to increase the prospects of Parties in international arbitration proceedings being able to settle their disputes ...

When Arbitrators Facilitate Settlement: Towards a Transnational ...

The author then reviews the pros and cons of an arbitrator becoming involved in settlement facilitation. The main advantage is the increased ...

Dispute Resolution News - How arbitration can facilitate settlements

To kickstart negotiations between parties, the arbitral tribunal could even draft suggested terms of settlements after its preliminary ...

The Arbitrator As Settlement Facilitator - Jus Mundi

Global Trend Towards Arbitrators Facilitating Settlement. D. Concluding Remarks. III. ADVANTAGES AND RISKS OF AN ARBITRATOR FACILITATING SETTLEMENT. A ...

Settlement Facilitation by the Arbitral Tribunal – a Swiss Perspective

While arbitrators coming from common law jurisdictions have generally been more reluctant to (actively) encourage settlement in adversarial ...

The Direct Involvement of the Arbitrator in the Amicable Settlement ...

However, arbitrators may never impose their preliminary viewson the parties or employ any other means to promote an amicable settlement against their will.1 ...