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The Prague rules

Research paper by Stampa G.

Indexed on: 21 Nov '20Published on: 22 Jul '19Published in: Arbitration International



Abstract

The Prague Rules on the Efficient Conduct of Proceedings in International Arbitration are available to parties and arbitrators since 14 December 2018. The conception and development of this new soft law text generated one of the most vivid technical debates in recent decades in international arbitration. The Prague Rules constitute voluntary suggestions which are technically based and designed to facilitate the efficient conduct of arbitral proceedings, by way of the continual cooperation of parties and arbitrators in their development. Its recommendations are based on the strictest respect for the principle of the autonomy of the parties. The recommendations of the Prague Rules are contained in twelve articles, which can be grouped into the following aspects of procedural handling: case management; the taking of evidence; and decision. This contribution undertakes a rough and summarized analysis of the scope of the Prague Rules in arbitral procedure, with the sole aim of understanding their content and investigating the merits of the strong criticism which these Rules have attracted