The Prague Rules on the Taking of Evidence: The “Civil War” in the “Common Law” World of Arbitration?
Tuesday, 13 November 2018
Jones Day, 21 Tudor Street, London EC4Y 0DJ
Bubbles and Canapés Reception: 6.00pm
The revised IBA Rules on the Taking of Evidence were intended to bridge the gap between different legal systems, but
the civil arbitral community noticed that the common-law tradition took precedence over the IBA Rules. The procedural
features of the IBA Rules are not commonly used in non-common-law jurisdictions, such as continental Europe, Latin
America, the Middle East and Asia. This resulted in the proposal of an alternative set of rules—the Prague Rules,
which favour the civil-law tradition of an inquisitorial approach in international arbitration—as well as an attack on the
inefficiencies of the IBA Rules’ adversarial approach.
The new Prague Rules are presented by the drafters as a major development to increase efficiency in arbitration
proceedings—but are they really needed? If the IBA Rules truly are uncommon for civil-law practitioners, wouldn’t
the Prague Rules represent the same problem in reverse? Have the Prague Rules really narrowed the gap
between different legal traditions, or are they a new “civil war” against the dominant common-law approach in
international arbitration? These and other questions will be addressed by distinguished civil- and common-law
The discussion will be moderated by Tatiana Minaeva, of counsel at Jones Day (London), and opened by Andrey Panov,
senior associate at Norton Rose Fulbright (Moscow) and co-chair of the Working Group on the Prague Rules.
To secure your place, please email: Londonevents@jonesday.com.