The Settlement Number Nobody Wants to Say

Every arbitration has a settlement value.

That does not mean the parties know what it is.

Legal teams become very good at explaining why they should win. Clients become very good at remembering what the dispute has cost them.

Neither necessarily answers the commercial question.

What is the case worth today, after adjusting for probability, damages, cost, time, collection risk and the possibility that something unexpected happens?

There is nothing defeatist about asking.

A rational settlement analysis does not weaken an arbitration strategy.

It is part of one.

Risk and settlement strategy is among the advisory services IAA provides to counsel and clients in international arbitration.

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