This Article first reviews the rise in settlement efforts among US judges over the past few decades and considers some of the methods deployed by US judges to promote settlement. The Article then considers why international arbitration cases tend to settle less often than US litigation cases, including the reasons why many arbitrators are reluctant to promote settlement. While recognizing the reasons that arbitrators cannot become as proactive in promoting settlement as many US judges, the Article suggests steps that arbitrators might take to encourage settlement without departing from their obligation to remain neutral and impartial, and to provide parties with the dispute resolution services that they want. The Article concludes that while it is neither feasible nor desirable for international arbitrators to engage in settlement activities to the same extent as US judges, there are steps that international arbitrators can and should take to promote settlement in international arbitration cases.
Full Article Available in:
Fordham International Law Journal
Volume 40, Number 3
Alexandre de Gramont, Michael D. Igyarto & Tatiana Sainati, Divergent Paths: Settlement in US Litigation and International Arbitration, 40 Fordham Int’l L.J. 953 (2017).