Consent Awards in International Arbitration: From Settlement to Enforcement

Dr. Yaraslau Kryvoi, Associate Professor at the University of West London and Senior Advisor to the International Courts Committee of the ABA Section of International Law, and Dr. Dmitry Davydenko, Visiting Fellow at Max Planck Institute for Comparative and International Private Law and Senior Associate with Muranov, Chernyakov & Partners, have published “Consent Awards in International Arbitration: From Settlement to Enforcement,” Brooklyn Journal of International Law, 2015, Forthcoming. In their paper, the authors examine the legal status of settlement agreements in the context of international arbitration proceedings.

Here is the abstract:

Although over a third of all arbitration proceedings result in settlement agreements very little has been written on the legal status of consent awards in international arbitration.

Drawing on comparative analysis of procedural rules and practice of major arbitration tribunals, domestic law of common and civil law jurisdictions, this Article presents the first major study of consent awards in international arbitration.

Consent awards, being effectively settlement agreements recorded by arbitration tribunals as awards, raise a number of difficult legal questions, ranging from the right of arbitrators to refuse recoding the settlement as a consent award to the possible use of consent awards to cover illegal activities.

Understanding what makes consent awards different from “normal” arbitration awards will help successfully navigate from settlement to enforcement.

This and other scholarly articles written by Professor Kryvoi and Dr. Davydenko may be downloaded without charge from the Social Science Research Network.

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