Settlement and Risk Assessment in International Commercial Arbitration

Settlement and Risk Assessment in International Commercial Arbitration, Volume 1, examines the systemic inefficiencies within modern dispute resolution. This legal text analyzes why international commercial arbitration often fails to meet its goals of efficiency, noting that a large percentage of proceedings are settled before a final award is issued. The author argues that a zero-sum-game approach to law and rules and procedures has historically prioritized winning and losing over optimal outcomes.

This work focuses on the intersection of arbitration, negotiation, and mediation to propose a new framework for cross-border conflicts. By emphasizing timely risk assessment, the book demonstrates how voluntary settlement can move from a rare occurrence to a standard practice. This shift in culture allows arbitrators to fulfill their obligation to facilitate agreements, ensuring that international commercial arbitration regains its status as the premier methodology for resolving complex commercial disputes.