ERDEM-NEWSLETTER-2018-metin

140 NEWSLETTER 2018 to advise the parties and steer them to the evidence what it considers to be appropriate to prove their claims. In other words, the Prague Rules encourage pro-activity by the tribunals instead of party-dependency. Accordingly, as per fact finding, the Prague Rules encourage the tribunal to take an active role to establish the facts of the case, where it may request the parties to produce relevant documentary evidence, make factual witnesses available for testimony, appoint experts, and take any other action it deems appropriate 9 . Jura Novit Curia 10 The Prague Rules provide a noteworthy regulation under Article 7 enabling the tribunal to apply legal provisions not pleaded by the parties, by seeking their consultative views. The same applies in cases wherein public policy issues shall be dealt. Since the IBA Rules does not contain a parallel provision, this regulation is noteworthy. It shall be noted that there are diverging approaches in the na- tional courts in relation to this issue where, in some cases, the deci- sions given by the tribunals applying legal provision not alleged by the parties may be annulled 11 . Assistance in Amicable Settlement Another noteworthy divergence of the Prague Rules from the IBA Rules is that it explicitly encourages amicable settlement of dispute under Article 9. This is another step taken closer to the civil law ap- proach where arbitrators have more of a tendency to offer settlement discussions. In this manner, upon consent of the parties, the tribunal may assist in an amicable settlement, and may even act as mediator. 9 The Prague Rules Article 3. 10 The principle of jura novit curia means that the judge or arbitrator may apply pro- visions of the lex causae beyond the parties’ submissions. Akil, Cenk : “ Hakimin Hukuku Kendiliğinden Uygulaması İlkesi (The principle of iura novit curia)” , AÜHFD, 2008, http://dergiler.ankara.edu.tr/dergiler/38/1498/16511.pdf (Access date: August 2018). 11 Henriques , p. 359 - 360.