“Without Prejudice Save as to Costs” under English Law verses the Process of “Sealed Offers” under ICC’s Assistance

The possibility of parties settling their dispute by means of amicable settlement can be initiated at any point during the legal proceedings, be it court or arbitration. Indeed, amicable settlement is a commercially sensible and viable route if parties are ever able to see past the acrimony and personal vendetta they may possess against each other after the dispute crystalises. Heated international construction despites, for example, will usually have one side refusing to pay for works carried out on site arguing that works were not carried out to a sufficient level and/or levying delay damages, whilst the other side will be arguing non payment, delay and disruption. For international cases, in some locations it may be particularly challenging to advance the project, and where contractors defeat the odds by carrying out the works notwithstanding these obstacles, any ensuing dispute, especially arising from non payment, fuels the animosity between the parties, hindering any fruitful negotiation process. This is