When Arbitrators Help Parties Settle in International Arbitration
International commercial arbitration has spent the last decade wrestling with its own success. As arbitration has professionalized, institutional rules have tightened, procedural timetables have lengthened, and practitioners increasingly speak of the "judicialization" of a process that was originally meant to be flexible and party-driven. One response gaining traction across jurisdictions is a dual role for the arbitrator: adjudicator, but also facilitator of settlement between the parties. The practice is spreading — but without a shared framework, arbitrators, counsel and institutions are often left improvising safeguards for impartiality and due process on a case-by-case basis.
That gap is exactly what a new title from Kluwer Law International sets out to close. For law libraries and arbitration practices building out their ADR and dispute-resolution holdings, it's a natural addition alongside CLNZ Books' broader Law collection and Library Services for institutional acquisitions.
About the book
The Arbitrator's Role as a Settlement Facilitator in International Commercial Arbitration: Toward Harmonized Transnational Standards
Author: Carmel Wahby
ISBN: 9789403538099
Publisher: Kluwer Law International
Published: December 2025
Described by the publisher as the first comprehensive, comparative analysis of arbitrators acting as settlement facilitators, the book maps the full range of settlement-facilitation methods used worldwide, compares how institutional rules and domestic legislation treat the practice, and proposes concrete drafting safeguards rather than abstract theory.
Where this book earns its place on the shelf
Drafting arbitration agreements and institutional rules. The book offers pragmatic clause-drafting solutions that counsel and institutions can adapt directly, rather than starting from first principles each time the question of settlement facilitation comes up.
Assessing impartiality risk. For arbitrators and counsel weighing whether — and how — a tribunal member can suggest or facilitate settlement without compromising the adjudicative process, the book sets out concrete safeguards for impartiality, party autonomy and due process.
Comparative research and reform proposals. Because it tracks the transition from divergent domestic traditions toward transnational harmonization trends, it's a ready reference for anyone building the case for institutional rule reform or writing on ADR-arbitration hybrids.
For law libraries and arbitration research collections
This is a natural companion to existing international arbitration holdings — it sits alongside titles on arbitrator conduct, institutional rules and ADR without duplicating them, since it's the first book-length treatment specifically of the settlement-facilitator role. Worth flagging for faculty and practitioner-facing collections supporting arbitration, ADR and dispute-resolution research.
CLNZ Books ships worldwide with pricing that includes shipping, accepts card and PayPal payment, and offers institutional invoicing on request — reach out through How to Order for quote turnaround and acquisitions support.
Q&A
Where can I buy this book?
Where can I buy The Arbitrator's Role as a Settlement Facilitator? It's available directly from CLNZ Books, ISBN 9789403538099, with worldwide shipping included in the price. As a Print On Demand title, please allow 1 to 3 weeks for delivery.
What does "settlement facilitation" mean in this context?
It refers to an arbitrator helping the parties reach an amicable resolution alongside their normal adjudicative function — a hybrid role that needs its own safeguards for impartiality and due process, which is the core subject of the book.
Does the book give practical drafting guidance, or is it purely theoretical?
It's built around concrete, usable safeguards — language and mechanisms that can go directly into arbitration agreements and institutional rules — rather than staying at the level of academic discussion.
Is this a comparative, cross-jurisdictional study?
Yes. Author Carmel Wahby compares domestic legal traditions and institutional rules across jurisdictions to trace where transnational harmonization is emerging and where gaps remain.
Who is this book written for?
Arbitrators, arbitration counsel, arbitral institutions, policymakers and the law libraries that support them — anyone working on settlement facilitation, ADR-arbitration hybrids, or institutional rule reform. ISBN: 9789403538099.