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.
SUMMARY:
1. Mediation and Settlement Prompted by the Arbitral Tribunal
2. Interim Relief (“urgent and provisional measures of protection”)
3. Consolidation of “Multiple Proceedings”
4. Separation of the “Same Proceedings”
5. Third Party Intervention and Joinder
PAOLO MARZOLINI is a practicing Lawyer and Arbitrator; his field
of specialisation is International Commercial Arbitration as well as
Contract and International Law. He has been involved in several
international arbitrations as counsel or arbitrator and in more than 150
arbitrations as administrative secretary to arbitral tribunals. Paolo
Marzolini is a member of Lenz & Staehelin international arbitration
team.
PAOLO MICHELE PATOCCHI, LL.M., is Partner and Head of the
Arbitration Team at Lenz & Staehelin; he is an expert in International
Commercial Arbitration as well as Contract and International law. He
has served as counsel or arbitrator in international arbitrations in
Switzerland (and a significant number of other West and East-European
venues). He has been teaching as lecturer in law at the University of
Geneva from 1989 to 2007.
