Settlement Facilitation by Arbitral Tribunals: Boosting Efficiency or Endangering Due Process Rights?

The paper explores the concept of settlement facilitation by arbitral tribunals. After a brief overview of the relevant legislation regarding this practice, the paper focuses on different facilitating settlement measures that are available to arbitral tribunals. Finally, the author evaluates the advantages and disadvantages of arbitral tribunals encouraging the parties to find an amicable resolution of their dispute after the arbitration proceedings commence. While it is evident that an early settlement can significantly increase the dispute resolution process efficiency, are there also risks associated with the practice of settlement facilitation?

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Publication Details

Journal
Anali Pravnog fakulteta u Beogradu
Published
2025-06-19
DOI
https://doi.org/10.51204/anali_pfbu_25203a
Primary Topic
International Arbitration and Investment Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Settlement Facilitation by Arbitral Tribunals: Boosting Efficiency or Endangering Due Process Rights?

Marko Došlić
Anali Pravnog fakulteta u Beogradu
International Arbitration and Investment Law
article

Settlement Facilitation by Arbitral Tribunals: Boosting Efficiency or Endangering Due Process Rights?

Marko Došlić
article en

Abstract

The paper explores the concept of settlement facilitation by arbitral tribunals. After a brief overview of the relevant legislation regarding this practice, the paper focuses on different facilitating settlement measures that are available to arbitral tribunals. Finally, the author evaluates the advantages and disadvantages of arbitral tribunals encouraging the parties to find an amicable resolution of their dispute after the arbitration proceedings commence. While it is evident that an early settlement can significantly increase the dispute resolution process efficiency, are there also risks associated with the practice of settlement facilitation?

Anali Pravnog fakulteta u BeograduVol. 73(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 79%
International Arbitration and Investment Law
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