This seminar examines both indirect and direct settlement techniques that may be employed by arbitrators in international arbitration proceedings as well as awards by consent.

Co-Chairs of the Seminar:

  • Patricia Peterson, Chartered Arbitrator, France; Member, ICC Institute of World Business Law
  • Michael Schneider, Partner, Lalive, Switzerland
Sunday 3 March 2019
09.00-09.15 Welcoming address, introduction and presentation of the seminar
Michael Schneider
Patricia Peterson
09.15-10.00 Should arbitrators act as settlement facilitators?
– The arbitrator’s role: decision maker v facilitator
– The parties’ expectations
– Settlement facilitation v mediation
– An emergency transnational standard?
Michael Schneider, Partner, Lalive, Switzerland
Sana Belaid, Senior Counsel, CISCO, United Arab Emirates
10.00-10.30 Q&A
10.30-10.45 Coffee break
10.45-11.30 Indirect Settlement Facilitation by Arbitrators
– The “Arbitrator’s role continuum”
– General timing issues
– Specific techniques and their potential impact on settlement
Nagla Nassar, Partner, Nassar Law, Egypt
11.30-12.30 Q&A and case scenarios
12.30-13.30 Lunch
13.30-14.15 Direct Settlement Facilitation by Arbitrators
– General timing issues
– Specific techniques
– The impact of failed settlement discussions on arbitral proceedings
– Introduction to the settlement conference technique
Catherine Kessedjian, Arbitrator and Mediator; Director of a Master programme in European Law; Deputy Director of the European College of Paris and Professor of European Business Law, Private International Law, Internatioal Dispute Resolution and International Commercial Arbitration at the University of Panthéon-Assas, Paris II, France
Peter Thorp, Independent Arbitrator, Thorp Arbitration, France
14.15-15.15 Simulation of a settlement conference – Q&A
15.15 – 15.35 Coffee break
15.35 – 16.20 Drafting an Award by Consent: ICC practice
– The arbitral tribunal’s powers in relation to consent awards
– Procedure
– Contents
– Public policy and enforcement issues
Patricia Peterson, Chartered Arbitrator, France; Member, ICC Institute of World Business Law
Asli Yilmaz, Counsel, ICC International Court of Arbitration, Paris
16.20 – 17.20 Q&A and case scenarios
17.20 – 17.30 Closing remarks
  • Event Details
  • Location: Abu Dhabi
  • Start Date: 03/03/2019 9:00 am
  • End Date: 03/03/2019 5:30 pm
  • ArbitralWomen Participation: Patricia Peterson, Catherine Kessedjian, Nadia Darwazeh