The following Arbitration guidance note Produced in partnership with Simmons & Simmons LLP provides comprehensive and up to date legal information covering:
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:
negotiate their own set of rules to establish a procedure which is tailored to their particular needs
use an adapted
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.