Our DIS@LIDW event in London on 4 June 2026, made clear: Facilitating settlement in arbitration is far more than a German approach - it is about proactive case management and the art of “creative ambiguity”.
After opening remarks by Carsten van de Sande (Hengeler Mueller) and an introduction to DIS statistics on settlement in different stages of the proceedings, delivered by our Vice-President, Niuscha Bassiri (ArbBoutique), the panel discussion was kicked off with the main findings in the Final Report of the Practice Group Settlement of the DIS Rules Clinic.
The evolving discussion - reflecting European, US- and Asian views from the in-house counsel, arbitrator, counsel and institutional perspective - showed that it is often in the parties' best interest to consider settlement options during the proceedings, whether it be to preserve the relationship instead of escalating a dispute, or to avoid costs for burdensome and lengthy proceedings.
Unless a party objects, the real question is not whether the tribunal should encourage settlement, but how. In any event, proactive case management is key: Midstream-conferences, bifurcation or discussing preliminary issues are just some tools. Roman Gurlitt (Alvarez and Marsal) summed it up: there's no one-size-fits-all. Parties and institutions can support by valuing the tribunal's efforts, even if it does not have to write an award.
Many thanks to panelists Pedro Arcoverde (Airbus), Seung Wha Chang (KCAB), James Hosking (Chaffetz Lindsey), Patricia Peterson (Peterson //ADR), James Stacey (Slaughter & May) and Jacomijn van Haersolte-van Hof (Fountain Court Chambers) for sharing valuable insights, as well as to DIS board member Johanna Wirth (Hengeler Mueller) for leading the discussion.
Johanna Wirth
