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The Arbitrators Role as a Settlement Faciliator in International Commercial Arbitration: Toward Harmonized Transnational Standards

The Arbitrators Role as a Settlement Faciliator in International Commercial Arbitration: Toward Harmonized Transnational Standards

Author: Carmel Wahby
Publisher: Kluwer Law International
ISBN: 9789403538099
Published In: December 2025
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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The Arbitrator’s Role as a Settlement Facilitator in International Commercial Arbitration is a groundbreaking book presenting the first comprehensive analysis of one of the most innovative developments in this context—the role of the arbitrator as settlement facilitator, a dual function that challenges conventional boundaries by enabling arbitrators, in appropriate circumstances, to foster amicable resolution alongside their adjudicative duties. In light of concerns about the increasing ‘judicialization’ of international arbitration, alongside broader shifts in the transnational dispute-resolution landscape, a recalibration of traditional adjudicative methods is underway. This evolution favors approaches that combine adjudicative and non-adjudicative techniques to enhance flexibility, party autonomy, efficiency, the preservation of business relationships, and the promotion of early settlements with the assistance of an adjudicator.

What’s in this book:

The author maps and categorizes a wide spectrum of settlement-facilitation methods, both established and innovative, and compares diverse approaches that acknowledge and promote this practice. Key areas of discussion include:

the range of arbitrator initiatives in setting the stage for settlement
relevant principles, divergences, and emerging transnational trends across legal systems
institutional rules, domestic legislation, and normative instruments that support or limit implementation
safeguards for impartiality, party autonomy, and due process, and
mechanisms to ensure the finality and enforceability of settlements

To support safe and effective implementation, the book offers pragmatic solutions for parties seeking to empower arbitrators as settlement facilitators, offering concrete safeguards that can be integrated into arbitration agreements. It also advances broader recommendations to foster international recognition and harmonization, ensuring sustainable integration of this practice across legal systems.

How this will help you:

The settlement-facilitation methods and safeguards presented will enable practitioners to enhance efficiency, reduce costs, and streamline dispute resolution in both commercial and investment arbitration. Additionally, the book’s comparative analysis will equip arbitrators, arbitral institutions, and policymakers with a global perspective on regulatory frameworks, enabling them to make informed choices regarding settlement facilitation across different jurisdictions.

List of Abbreviations

Preface

PART I. Setting the Stage

CHAPTER 1. Introduction

CHAPTER 2. The Arbitrator as a Settlement Facilitator in ICA: The Range of Initiatives

PART II. Settlement Facilitation by the Arbitrator in ICA: Advantages and Concerns

CHAPTER 3. Advantages of Facilitating a Settlement by the Arbitrator in ICA

CHAPTER 4. Concerns Associated with Facilitating a Settlement by the Arbitrator in ICA

PART III. The Arbitrator’s Role as a Settlement Facilitator in ICA: The Transition from Domestic Legal Traditions Toward Transnational Standards

CHAPTER 5. Diverse Domestic Approaches to the Arbitrator’s Role as a Settlement Facilitator

CHAPTER 6. Transnational Harmonization Trends in the Arbitrator’s Role as a Settlement Facilitator in ICA

PART IV. Ways to Enhance the Harmonization of the Arbitrator’s Role as a Settlement Facilitator in ICA 217

CHAPTER 7. Internal Solutions to the Arbitral Process

CHAPTER 8

External Solutions to the Arbitral Process

Summary

APPENDIX A. The Continuum of Settlement Facilitation Initiatives and Parties’ Consent

APPENDIX B. Party Autonomy Safeguards

APPENDIX C. Due Process Safeguards

Bibliography

Table of Cases

Table of Conventions and Treaties

Table of Legislation

Table of Rules and Guidelines

Table of Surveys and Empirical Studies

Table of UN Resolutions

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