Originally from Chamber of Arbitration of Milan Rules: A Commentary

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ARTICLE 22 – POWER OF THE ARBITRAL TRIBUNAL*

1. At any time in the proceedings, the Arbitral Tribunal may attempt to settle the dispute between the parties, including by addressing them to the Mediation Service of the Chamber of Arbitration of Milan.

2. The Arbitral Tribunal may issue all urgent and provisional measures of protection, also of anticipatory nature, that are not barred by mandatory provisions applicable to the proceedings.

3. Where multiple proceedings are pending before the Arbitral Tribunal, the Tribunal may order their consolidation, if it deems them to be connected.

4. Where the same proceedings concern several disputes, the Arbitral Tribunal may order their separation.

5. If a third party requests to join a pending arbitration or if one of the parties to the arbitration seeks a third party’s intervention, the Arbitral Tribunal shall decide the application after consulting the parties, taking into consideration all relevant circumstances of the case.

1. Mediation and Settlement Prompted by the Arbitral Tribunal

1.1. Introduction. It has been part and parcel of the civil law tradition, long before ADR became fashionable, that a court and an arbitrator are under a legal duty to persuade the parties to settle their case whenever appropriate;1 fully-fledged civil proceedings would thus start in most European jurisdictions only after the court has recorded the failure of the parties’ attempt to settle their dispute.2 As a legal requirement applicable by operation of law, the requirement that the parties should attempt to settle their dispute has been implemented by a standard procedure in most jurisdictions.