Report on Facilitating Settlement in International Arbitration

The role of arbitral tribunals in facilitating settlement of disputes has evolved in recent years. Traditionally, their role is to decide the case in an enforceable award. 

The debate has now moved from whether arbitrators and arbitral institutions should take steps to facilitate settlement to how that should be done. 

This report seeks to provide guidance in this regard and responds to the needs of a wide range of audiences:

• businesses and states of all sizes;
• external counsel using ICC Dispute Resolution Services, arbitrators, mediators and other ADR service providers;

The report is broken down into three main sections covering:

• case management techniques;
• mediation windows and protocols;
• preliminary views and settlement conferences;

“Arbitrators facilitating settlement is a common practice for some, but brand new territory for most. Increased interest in this developing role for arbitrators means that all practitioners should know how it can be done effectively and the pitfalls to avoid – reading the Report on Settlement Facilitation is a good place to start.” 

Christopher Newmark, Co-Chair of the Task Force on ADR and Arbitration

The Report on Facilitating Settlement in International is the work of the ICC Task Force on ADR and Arbitration, created by the ICC Commission on Arbitration and ADR.

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