Originally from Soft Law in International Arbitration, Second Edition

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Article 1. Application of the Prague Rules

1.1. The parties may agree on the application of the Prague Rules before arbitration is initiated or at any stage of the arbitration.

1.2. The arbitral tribunal may apply the Prague Rules or any part thereof upon the parties’ agreement or at its own initiative after having heard the parties.

1.3. In all cases, due regard must be given to the mandatory legal provisions of the lex arbitri as well as to the applicable arbitration rules and the procedural arrangements of the parties.

1.4. At all stages of the arbitration and in implementing the Prague Rules, the arbitral tribunal shall ensure fair and equal treatment of the parties and provide them with a reasonable opportunity to present their respective cases.

Article 2. Proactive Role of the Arbitral Tribunal

2.1. The arbitral tribunal shall hold a case management conference without any unjustified delay after receiving the case file.

2.2. During the case management conference, the arbitral tribunal shall:

a. discuss with the parties a procedural timetable;
b. clarify with the parties their respective positions with regard to:

i. the relief sought by the parties;
ii. the facts which are undisputed between the parties and the facts which are disputed; and
iii. the legal grounds on which the parties base their positions.

2.3. If the parties’ positions have not been sufficiently presented at the time of the case management conference, the arbitral tribunal could deal with the issues mentioned in Article 2.2.b at a later stage of the arbitration.

2.4. The arbitral tribunal may at the case management conference or at any later stage of the arbitration, if it deems it appropriate, indicate to the parties: