Share on LinkedInShare on LinkedIn

ARTICLE · 16 DECEMBER 2025

Using Decision Analysis In Settlement Negotiations

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
Contributor
Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

We have one of the largest Southeast Asia international law practices, working across the region...

View firm profile
Explore more from Herbert Smith Freehills Kramer LLP

This is the latest in our series of discussions about how clients have used HSF Kramer's Decision Analysis models as part of their strategy for disputes management.

United KingdomLitigation, Mediation & Arbitration

This is the latest in our series of discussions about how clients have used HSF Kramer's Decision Analysis models as part of their strategy for disputes management.

This week, International Arbitration Partner Chris Parker discusses how it was used to support a settlement negotiation with an opposing party:

We were acting for a European client in a high-value arbitration dispute relating to termination of a contract relating to a key Asian market. In order to succeed, our opponent had to show that: (i) our client had breached the relevant contractual provisions; (ii) the breach was material; and (iii) the proper contractual termination procedures had been properly followed. If they failed on any of these limbs, our client would be entitled to damages for wrongful termination.

1718740a.jpg

Read Part 1 of our Decision Analysis Series - Using Decision Analysis to evaluate a settlement offer

Read Part 3 of our Decision Analysis Series - Using Decision Analysis for distressed debt valuations

Read Part 4 of our Decision Analysis Series - Using Decision Analysis for case management

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from