ABOUT THE EVENT

The pathway to the settlement of a dispute is never straightforward – negotiating an outcome where both parties are satisfied involves the consideration of competing interests, legal risks and commercial considerations. Strategic use of tiered dispute resolution clauses can improve the prospects of settlement should disputes arise. These clauses, which often include steps such as negotiation or mediation before arbitration, can provide structured pathways to resolve disputes efficiently. However, settlement is not always possible at the pre-arbitral stage. In such cases, the timing and manner in which negotiation is revisited during arbitration can play a crucial role in resolving the dispute.

Join us for an insightful event where our panel of experts will delve into the intricacies of incorporating negotiation within arbitration. Our panel of speakers will explore the optimal points in arbitration to raise settlement discussions, the tactical considerations for both parties at various stages, and the pros and cons of pre-arbitral dispute clauses. The speakers will share case studies and practical insights on how to manage arbitration while pursuing settlement, including whether to stay the arbitration or keep it ongoing, as well as the extent to which arbitrators should go in facilitating or encouraging settlement. The speakers will also elaborate on mediation and negotiation strategies and how best to give effect to any settlement reached (including whether to document the settlement in a consent award or otherwise).