Ad hoc arbitration—an introduction to the key features of ad hoc arbitration
Produced in partnership with Simmons & Simmons LLP
Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

The following Arbitration guidance note Produced in partnership with Simmons & Simmons LLP provides comprehensive and up to date legal information covering:

  • Ad hoc arbitration—an introduction to the key features of ad hoc arbitration
  • When is ad hoc arbitration appropriate?
  • Advantages/disadvantages
  • Ad hoc arbitration clause

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, for example. Otherwise, the court of the seat will fill the gap, which can have disadvantages in terms of speed, costs, and loss of confidentiality.

In terms of procedure, the parties may agree to:

  1. negotiate their own set of rules to establish a procedure which is tailored to their particular needs

  2. use an adapted