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Article 9 of the Prague Rules which is designated to stimulate hybrid procedure, in particular arbitration-mediation, does not define any restriction on any technique which may have adverse effect on the final award

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Article 9 of the Prague Rules which is designated to stimulate hybrid procedure,
in particular
 arbitration-mediation, does not define any restriction on any technique which may have adverse effect on the final
award
. The most problematic technique is “caucusing” which is the main tool for the success of whole mediation process. During caucusing the parties could in ex parte meetings divulge secrets that they would not have disclosed during the normal course of the arbitration to the arbitrator-turned-mediator and to the other parties. Use of caucusing technique, which is not prohibited under the Prague Rules, may result with the challenge of final
award
 on the grounds of: i) the partiality of mediating arbitrator and ii) the breach of the due process.
Moreover
, under Article 9 of the Prague Rules, there is a lack of some “safeguards” (for ensuring the enforceability of final
award
) which can
also
 has significant potential for risking the enforceability of final
award
.
Submitted by zalovagunel1 on

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