Newsletter-21

209 ARBITRATION LAW her ability to remain impartial or independent in the arbitra- tion proceedings. Any other particular requirement for enforcement of arbitral awards, such as grounds to set aside or denying enforcement in a cer- tain country should also be taken into consideration. Conclusion The commencement of arbitration proceedings does not eliminate the possibility of a settlement between the parties in dispute. While there is a difference in approach in different jurisdictions, the arbitra- tor’s role in encouraging such settlement negotiations is increasingly accepted in international arbitration. Notwithstanding, reservations, especially governing the risk of such involvement of arbitrators in their independence and impartiality if and once arbitration proceed- ings are resumed, are not yet fully eliminated. Although there is guidance provided through legal instruments, such as the CEDR Rules and IBA Guidelines on Conflict, the arbitra- tors need to act cautiously before facilitating settlement between the parties. In each instance, the circumstances of the case will play an important role in determining if such an intervention is beneficial or not. Express, and if possible, written, consent of the parties, bearing an open but not an empty mind, and disregarding information provided during settlement negotiations when resuming the arbitration proceed- ings are among the measures that must be adopted.