Previous IA Lectures

2021: Parallel proceedings in international arbitration: theoretical analysis and search for practical solutions
2020: A Response to DFAT’s Review of Australia’s Bilateral Investment Treaties 2019: Arbitration in Australia – Rising to the Challenge 2018: "The Need for Speed – Is International Arbitration Becoming Overly Fixated with Efficiency?” 2017: How worldly is it?” by The Hon Sir Bernard Eder2016: “International Arbitration and Independence – Off the Beaten Track” by Elliott Geisinger2015: “Dynamics, discretion and diversity - A recipe for unpredictability in international arbitration?” by Hilary Heilbron QC2014: “Commercial Courts and International Arbitration– Competitors or Partners?” by Michael Hwang SC2013: The authority of the arbitrator - its sources, limits and importance2012: The Impact of International Arbitration on the Rule of Law2011: Islamic influences on international arbitration2010: 仲裁 - Speaking your language? What is the language of resolution in the Asia-Pacific region?2009: The Day Before Tomorrow: Future Developments in International Arbitration2008: Inside Out: A User's View of International Arbitration2007: When Arbitrators Facilitate Settlement: Amiable Imposition or Actual Solution?2006: Enterprise v State: The New David and Goliath?2005: Litigate, Arbitrate, Mediate, Frustrate? Breaking the Dispute Deadlock2004: Apes, Neanderthals and Missing Links: Evolution in International Business Arbitration2003: East meets West: Tradition, Globalisation and the Future of Arbitration2002: Arbitration, Imagination and the Culture of Compromise: The Inaugural Clayton Utz International Arbitration Lecture

2007: When Arbitrators Facilitate Settlement:Amiable Imposition or Actual Solution?

About the lecture

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.

About the speaker

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.

Lecture transcript