The DIS is one of the few leading arbitration institutions which stipulates in its rules an obligation for the arbitrators “at every stage of the arbitration, [to] seek to encourage an amicable settlement of the dispute or of individual disputed issues” (Art. 26).
What that entails in practice and how it differs from the Arb-Med-Arb provision of the SIAC Rules, which formed part of this year’s Vis Moot case, was the focus of the DIS-goes-Vis: Settlement Breakfast at the premises of CMS.
The discussion under the title “Settlement in Arbitration – An (Un)happy Marriage?” occurred against the background of the recently published DIS Report on Settlement in Arbitration.
Panellists included: Nicoletta Kröger, one of the authors of the DIS-Report; Alexander Foerster and Mariel Dimsey, both contributors to the report; and Amelie Ho from SIAC. Moderated by Stefan Kröll (DIS Board member), they discussed the pros and cons of the existing approaches of advancing settlement and the different role of a mediator.
The attractiveness of the topic is evidenced by the fact that the event was overbooked within a very short time.
Stefan Kröll