Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- 46 Arbitrator Decision-Making: Heuristics and Other Unconscious Influences
- 47 The Legal Nature of Arbitral Awards
- 48 Turning Settlements into Arbitral Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
48 - Turning Settlements into Arbitral Awards
from Part IX - Awards
Published online by Cambridge University Press: 18 February 2023
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- 46 Arbitrator Decision-Making: Heuristics and Other Unconscious Influences
- 47 The Legal Nature of Arbitral Awards
- 48 Turning Settlements into Arbitral Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
Summary
The most efficient and cost-effective way to resolve a dispute is through an agreed settlement, rather than a resource-consuming and costly adjudication through courts or arbitration.Parties increasingly use negotiation and mediation to resolve disputes, which policymakers, lawmakers and dispute organizations encourage.The Singapore Convention on Mediation recently introduced an international regime for the enforcement of international mediation settlement agreements.However, because it is not yet widely adopted and some settlements – such as negotiated settlements and settlements reached during an arbitration - may be outside of its scope, parties that want to ensure an effective international enforcement mechanism for their settlement may seek to have settlement converted into an arbitral award. This chapter considers the issues that may arise when seeking to turn a settlement into an arbitral award, including the timing of the settlement and the existence of a dispute to refer to arbitration, the interchangeability of the role of mediator and arbitrator, the exercise of arbitrators’ discretion to grant parties’ request for a consent award, and the status, form, and content of the consent award.
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- Publisher: Cambridge University PressPrint publication year: 2023