What is Ad Hoc Arbitration?
Parties engaging in ad hoc arbitration are responsible for determining and agreeing on their own arbitration procedures rather than being supervised by the procedures of an arbitral institution.
How Ad Hoc Arbitration Works
It’s largely up to the parties involved. Once they have agreed on ad hoc arbitration (as opposed to institutional arbitration), the parties choose:
- Arbitration rules
Arbitration rules establish the procedures for conducting the arbitration. - Location of the arbitration
The parties decide the seat of the arbitration proceedings. Where the procedural rules are silent, the laws of the seat will govern the procedure. This is also an important consideration because a party can seek to enforce the award before a state court in the seat of arbitration. - Language(s) of the arbitration
The parties decide the language(s) of the arbitration. - The law applied to the dispute
The parties decide the substantive laws that govern the agreement between them. - Number and identity of arbitrators
To handle their dispute, the parties decide on the number and identity of arbitrators or select an “appointing authority” to choose the arbitrators for them.
Why use Ad Hoc Arbitration?
Ad hoc arbitration allows the parties to tailor the arbitration process to the specific circumstances of their dispute.
A successful ad hoc arbitration often depends on the skill and experience of the attorneys and arbitrators involved. Our attorneys have successfully represented clients across the world in numerous international ad hoc arbitration proceedings.
Questions about Ad Hoc Arbitration? Contact our Arbitration Attorneys.
Free, confidential consultations with our arbitration lawyers are available by dialing +1 415 981 4800 or by filling out the form to the right.
