Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

Produced in partnership with Simmons & Simmons
Practice notes

Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

Produced in partnership with Simmons & Simmons

Practice notes
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An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than Institutional arbitration but not if the parties run into difficulties with the Appointment or conduct of the tribunal. Many parties and lawyers are used to it and do not consider that an institution would add value to their arbitrations. Arbitration clauses may be amended after a dispute has arisen, or even after an arbitration has been commenced, in order to remove the proceedings from the hands of an institution and have them conducted on an ad hoc basis instead.

Without an institution to oversee the appointment of the tribunal under its Rules, the parties may agree upon an Appointing authority in case their appointment procedure should fail for any reason. This may be an arbitral institution, a local law society or other trade or professional association,

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Jurisdiction(s):
United Kingdom
Key definition:
Institutional arbitration definition
What does Institutional arbitration mean?

arbitration administered by an arbitral institution. Generally, an institutional arbitration is conducted in accordance with the arbitral institution’s own arbitration rules, such as the LCIA Arbitration rules. Institutional arbitration is also referred to as administered arbitration, but arbitrations can be administered by other bodies too, such as trade associations.

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