King & Wood Mallesons reveals how to create an effective strategy in cross-border arbitrations
The majority of cases, whether in court or arbitration, are settled through reconciliation between the parties. Parties weigh a variety of factors from the start of the dispute to award, constantly performing a cost-benefit analysis. Generally speaking, issues such as principle and precedent often preclude a settlement. Parties will refuse to consider a good settlement if it violates an internal principle – for instance, no payment, even nominal, in the absence of liability.
