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.

Edition:

1st ed.

Place of Publication:

Cambridge University Press, 2026.

Summary:

"International commercial arbitration proceedings rarely settle. This book articulates a new paradigm of efficiency based upon risk assessment that views settlement, not a merits-based issuance of a binding and enforceable award, as the optimal efficiency, that should be international commercial arbitration's principal objective"-- Provided by publisher.

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.

ISBN:

1-009-75653-2