Download This PaperThe Arbitrator’s Mandate to Facilitate Settlement
33 Pages Posted: 17 Jun 2020 Last revised: 15 Jun 2020
Date Written: 2017
Abstract
The discussion whether an international arbitrator’s mandate includes the facilitation of settlement between the parties is not new. For the past decades, it has unfolded between those who believe in settlement facilitation as an efficient means to end the parties’ dispute and those who consider such activities incompatible with the arbitrator’s judicial role as a “private judge.” Up to now, this discussion has remained deeply rooted in domestic conceptions of what the arbitrator’s role should and should not be. This Article argues that it is past time to throw these culturally shaped beliefs overboard. In the interest of the much-debated quest for increased efficiency in the arbitral process, international arbitrators should realize and appreciate that settlement facilitation is not incompatible with their mandate and can be a highly useful tool to resolve the parties’ dispute in a time - and cost-efficient manner. To further this understanding of the arbitrator’s mandate, this Article offers tried and tested tools that allow international arbitrators to facilitate settlement without overstepping their mandate or risking a challenge by the parties.
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