Settlement and risk assessment in international commercial arbitration / Pedro J. Martínez-Fraga.

Format:

Book

Author/Creator:

Martínez-Fraga, Pedro J., Author.

Language:

English

Subjects (All):

International commercial arbitration.

Compromise (Law).

Risk assessment.

Evidence (Law)--Evaluation.

Evidence (Law).

Dispute resolution (Law).

Arbitration and award--Economic aspects.

Arbitration and award.

Physical Description:

1 online resource (xxxv, 268 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2026.

Summary:

International commercial arbitration has failed to redeem its promise to be efficient. Approximately 27% of all international commercial arbitral proceedings are settled before issuance of a merits-based award. This book asserts that legacy international commercial arbitration is based on the economic efficiencies arising from a zero-sum-game approach to dispute resolution pursuant to which the most efficient result is one that yields a prevailing (winning) and non-prevailing (losing) party. This emphasis on process efficiency has caused international commercial arbitration to lose its standing as the premier dispute resolution methodology for cross-border commercial conflicts. Historically, settlement has not been perceived as an element of international commercial arbitration's culture. Only recently has a consensus arisen acknowledging that arbitrators have an obligation to facilitate settlement. This book explains that, through timely risk assessment, voluntary settlement of arbitral proceedings will become the rule, not the exception, leading to optimal efficiency.

Contents:

Chapter I. Structuring the framework for the identification of a problem: international commercial arbitration cases settle only in a minority of instances

Chapter II. Statistical analyses establishing the percentage of disputes that settle in judicial proceedings in the U.S.: exploring an analogy

Chapter III. Engaging in a thought experiment: international commercial arbitrations do not settle and maximize inefficiencies

Chapter IV. Defining standards to render risk assessment and settlement possible

Chapter V. Revisiting rules and principles of evidence in ICA

Chapter VI. The "Prague rules" and moving beyond formal concerns with evidence taking and closer to maximizing the likelihood of settlement

Chapter VII. Towards a qualitative evidentiary approach and not rigid categorical exclusionary rules of evidence

Chapter VIII. A new framework for a modern conception of ICA

Chapter IX. Conclusion.

Notes:

Title from publisher's bibliographic system (viewed on 15 May 2026).

ISBN:

1-009-75653-2

9781009756525

9781009756518