The new
Rules on the Efficient Conduct of Proceedings in International
Arbitration (Prague Rules) launched last month in the Czech
Republic and aim to provide a more efficient framework for arbitral
procedure which can be used to streamline a dispute, reducing delay
and costs. Their approach is closer to civil law than common law
traditions, with the tribunal pro-actively managing the dispute
from the start.
The Prague Rules provide for early narrowing of the legal and
factual issues in dispute at an initial case management conference
and preliminary tribunal decisions on key matters. Tribunals can
order site inspections and request key documents. The new rules
seek to heavily restrict disclosure, with parties told they should
“avoid any form of document production, including
e-discovery“. No requests for documents will ordinarily
be permissible after the first case management conference. There is
an inquisitorial approach to witness evidence and
tribunal-appointed
