NEWSLETTER-2020-metin

212 NEWSLETTER 2020 cedural rules, albeit their different legal backgrounds. The drafters of the IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) bridged that gap between the common law and civil law traditions of the taking evidence by developing a nearly standard- ized procedure in international arbitration. However, the IBA Rules are often being criticized for favoring the common law perspective, as the rules follow a more adversarial approach with respect to document production, fact witnesses and party-appointed experts, as well as the party’s entitlement to cross-examine witnesses. In the face of these criticisms, a Working Group, formed of rep- resentatives from predominantly civil law-based jurisdictions, drafted the Rules on the Efficient Conduct of Proceedings in International Arbitration, 6 (“Prague Rules”) which are designed to supplement the procedure to be agreed upon by the parties, or otherwise to be applied by arbitral tribunals in a particular dispute. As opposed to the adversarial approach adopted in the IBA Rules, the Prague Rules seek to promote a civil law inquisitorial-type document production with the aim of enhancing the efficiency in the conduct of arbitration proceed- ings. One of the most important features of these rules is the “proactive role” it vests in the arbitrator. The novelty goes to the tasks that these rules assign to the arbitrator, and to the timeframe within which such tasks are to be carried out 7 . Article 2.2 of the Prague Rules sets forth certain tasks for arbitra- tors during the case management conference or, sometimes, at a later stage. Under Article 2.4 of the Prague Rules, the arbitrators are given the freedom to express their preliminary views at the case management conference. The arbitrators are also given the discretion to decide on bifurcation of the proceedings when establishing the procedural time- table. These examples clearly signal the intention behind these rules 6 https://www.praguerules.com/upload/medialibrary/9dc/9dc31ba7799e26473d92 961d926948c9.pdf. 7 Patocchi , Paolo Michele: “The Prague Rules on the Efficient Conduct of Pro- ceedings in International Arbitration: A Step Forward?” International Arbitra- tion Symposium, April, 2019, Ankara, p. 157. For full publications of the Prague Rules, see also https://www.praguerules.com/publications/.