Newsletter-21

202 NEWSLETTER 2016 Promoting Settlement in International Arbitration* Att. Leyla Orak Celikboya In General “… [E]very arbitrator’s perception of his or her role will be shaped by the legal and procedural culture with which he or she is most familiar. ” 1 International arbitration is, in fact, a hub for practi- tioners from various legal backgrounds. Applicable rules of procedure, place and language of arbitration, applicable laws to the merits of the dispute, the professional and legal background of arbitrators, and the nationality and legal culture of party counsel all provide diversity to international arbitration. However, inevitably, this diversity leads to the clash of customary practices, a dispute over acceptable and ques- tionable practices, and the means to a due and proper resolution of disputes. Among the long-disputed subjects in international arbitration is the promotion by arbitrators of settlement. A study by Pricewater- houseCoopers and the School of International Arbitration in 2008 2 showed that 34% of arbitration proceedings, which constitutes a * Article of February 2016 1 Christopher Koch / Erik Schäfer , Can It Be Sinful For An Arbitrator Actively To Promote Settlement? , The Arbitration and Dispute Resolution Law Journal, ADRLF 147-254, Part 3, September 1999, http://www.landoltandkoch.com/wp- content/uploads/2010/12/Can-it-be-sinful-for-an-arbitrator-to-actively-promote- settlement_.pdf (accessed on 26 February 2016), p. 154. 2 See Andrey Panoy / Sherina Petit , Amicable Settlement in International Ar- bitration , The European, Middle Eastern and African Arbitration Review 2015, http://globalarbitrationreview.com/reviews/67/sections/232/chapters/2680/ami- cable-settlement-international-arbitration/ for details of this survey; and Interna- tional Arbitration: Corporate attitudes and practices 2008 by Pricewaterhouse- Coopers and the School of International Arbitration http://www.pwc.co.uk/assets/ pdf/pwc-international-arbitration-2008.pdf for the presentation itself (both links accessed on 26 February 2016), executive summary, p. 2.