It is evident that, the Prague Rules bring a new perspective in providing parties, counsel, arbitrators and institutions in international arbitration with a new set of rules that grant broader and more proactive powers to arbitral tribunals, making them more comfortable in the “driving seat”. However, specifically regarding the Article 9 of the Prague Rules, the comments are likely to be vice versa. In my opinion, assistance of Arbitral Tribunal in amicable settlement under the Prague Rules could be regulated in more accurate and detailed manner in order to eliminate “toxic ambiguities” by having benefited from alternative instruments, such as IBA and CEDR Rules regulating the same issues. In consequence, despite the fact that incorporating “assistance of Arbitral Tribunal in amicable settlement” in the content of the Rules may have some procedural profits, such as avoiding from the involvement of a separate neutral person for the purpose of conducting a mediation or conciliation before, during or in parallel with the arbitration which means duplicating the work, incurring additional costs and also possibly losing time, in my view, the above-discussed potential problems arising out of the ambiguity and insufficiency of that article outweigh its advantages.
It is evident that, the Prague
Rules
bring a new perspective in providing parties, counsel, arbitrators and institutions in international arbitration with a new set of
rules
that grant broader and more proactive powers to
arbitral
tribunals, making them more comfortable in the “driving seat”.
However
,
specifically
regarding the Article 9 of the Prague
Rules
, the comments are likely to be vice versa. In my opinion, assistance of
Arbitral
Tribunal in amicable settlement under the Prague
Rules
could
be regulated
in more accurate and detailed manner in order to eliminate “toxic ambiguities” by having benefited from alternative instruments, such as IBA and
CEDR
Rules
regulating the same issues. In consequence, despite the fact that incorporating “assistance of
Arbitral
Tribunal in amicable settlement” in the content of the
Rules
may have
some
procedural profits, such as avoiding from the involvement of a separate neutral person for the purpose of conducting a mediation or conciliation
before
, during or in parallel with the arbitration which means duplicating the work, incurring additional costs and
also
possibly
losing time, in my view, the above-discussed potential problems arising out of the ambiguity and insufficiency of that article outweigh its advantages.