Newsletter-21

205 ARBITRATION LAW tion enables judges, but does not incentivize them, to move towards settlement and mediation 8 . Applicable Rules of Arbitration In order for an arbitrator to encourage or facilitate settlement, it is important that the parties’ arbitration agreement does not forbid the arbitrator in such attempts 9 . Even though a similar restriction would, in theory, be applicable if the applicable rules to the arbitration forbid such attempts, it is seen that the institutional arbitration rules do not contain such prohibition. To the contrary, some rules seem to enable, or in certain instances, even to encourage, arbitrators. On the other hand, certain rules only regulate consent awards, i.e. the award rendered by an arbitral tribunal upon the parties reaching a settlement, without foreseeing involve- ment of arbitrators in such settlement. • The Swiss Rules of International Arbitration 10 (“SRIA”) Art. 15/8 states that provided that the parties agree, the arbitral tribunal may take steps to facilitate settlement of the dispute before them. • The German Institution of Arbitration ( Deutsche Institu- tion für Schiedsgerichtsbarkeit “DIS”) Rules 11 expressly regulates in Art. 32.1 that the arbitral tribunal should seek to encourage amicable settlement of the dispute. • The London Court of International Arbitration Rules 12 (“LCIA Rules”) foresee a consent award, regulating in Art. 8 See Bernd Ehle , op. cit., p. 80 ff., Koch / Schäfer , op. cit., p. 157, 158, and Panoy / Petit , op. cit. 9 Otherwise, pursuant to article V the United Nations Convention on the Recogni- tion and Enforcement of Foreign Arbitral Awards (for full text please see http:// www.newyorkconvention.org/english (accessed on 26 February 2016)) it may be possible for the award not to be enforced due to exceeding authority. 10 For the full text, please see https://www.swissarbitration.org/sa/download/SRIA_ english_2012.pdf (accessed on 26 February 2016). 11 For the English text, please see http://www.dis-arb.de/en/16/rules/dis-arbitration- rules-98-id10 (accessed on 26 February 2016). 12 For the full text, please see http://www.lcia.org/Dispute_Resolution_Services/