Newsletter-21

206 NEWSLETTER 2016 26.9 that the arbitral tribunal may decide to make an award recording the settlement upon the joint request of the parties; or that the tribunal will be discharged if parties confirm in writing that they have reached a final settlement. • The American Arbitration Association Commercial Arbitra- tion Rules and Mediation Procedures (“AAA Rules”) Rule R-48, Istanbul Center of Arbitration Rules of Arbitration and Rules of Mediation 13 (“ISTAC Rules”) Art. 38, and Singapore International Arbitration Centre Rules 14 (“SIAC Rules”) Art. 28.8, contain similar provisions. • The International Chamber of Commerce Rules of Arbitra- tion 15 (“ICC Rules”) also regulate, in Art. 32, the award by consent upon request of the parties. However, Appendix IV to the ICC Rules governing case management techniques, in paragraph (h), places an emphasis on informing the parties that they are free to settle all, or part, of the dispute, and where agreed between the parties and the arbitral tribunal, the tribunal may take steps to facilitate settlement. A quick perusal of the rules shows how national legal cultures reflect upon arbitration practices. Institution rules under the influence of Germanic systems (such as SRIA and DIS Rules) foresee explicit encouragement to arbitrators for facilitating settlement; whereas, common law-related rules (such as LCIARules, AAARules, similarly under ISTAC rules, SIAC rules) only foresee consent awards. It is noteworthy to mention that the new Appendix IV to the ICC Rules lcia-arbitration-rules-2014.aspx (accessed on 26 February 2016). 13 For the full text, please see http://istac.org.tr/wp-content/uploads/2016/02/ ISTAC-Arbitration-and-Mediation-Rules-f.pdf (accessed on 26 February 2016). For details on the ISTAC Rules, see Ercument Erdem , Istanbul Arbitration Center Rules Of Arbitration, January 2016, http://www.erdem-erdem.com/en/ articles/istanbul-arbitration-center-rules-of-arbitration/ (accessed on 26 February 2016). 14 For the full text, please see http://www.siac.org.sg/our-rules/rules/siac-rules-2013 (accessed on 26 February 2016). 15 For the full text please see http://www.iccwbo.org/products-and-services/arbitra- tion-and-adr/arbitration/icc-rules-of-arbitration/ (accessed on 26 February 2016).