Over the last decade, a global, transnational law and practice has emerged in international arbitration. There are, however, some issues on which minds continue to differ. The role of the arbitrator as conciliator or settlement facilitator is one of them.

In the 2007 International Arbitration Lecture, leading international arbitrator Professor Gabrielle Kaufmann-Kohler discussed views in different jurisdictions, the pros and cons of the arbitrator becoming involved in settlement facilitation and the definition of a judge's or an arbitrator's role. Professor Kaufmann-Kohler also formulated some proposals for uniform best practice on the role of the arbitrator as settlement facilitator in international arbitration.

Regularly ranked among the top ten arbitrators worldwide in international surveys, Professor Kaufmann-Kohler has extensive arbitration experience. She has been involved in approximately 140 international arbitrations (including ICC, ICSID, AAA, LCIA and DIS arbitrations) as presiding, sole or party-nominated arbitrator and as counsel in commercial and investment disputes.

She is renowned for her expertise in resolving sports disputes. She served as a member of the Arbitral Jury for the America’s Cup (2004-2006) and chaired the Ad Hoc Division of the Court of Arbitration for Sports (CAS), which involved responsibility for the Olympics in Atlanta 1996, Nagano 1998 and Sydney 2000.