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Settlement Facilitation: Does the Arbitrator have a Role?

Whether at all and, if so, to which extent an arbitrator should assist the parties in reaching a settlement in arbitration seems to be one of the last divides between civil law and common law. Civil law arbitrators generally take more of an engagement in leading parties of arbitral proceedings to a settlement, whereas common law oriented lawyers may be more hesitant in entering into such engagement, fearing that a pro-active approach in this respect is based on facts and arguments not yet sufficiently established and, thus, might expose them to challenges for bias.

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