Comparing institutional and ad hoc arbitration
Comparing institutional and ad hoc arbitration

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • Comparing institutional and ad hoc arbitration
  • Differences and overlaps between institutional and ad hoc arbitration
  • Commencing an arbitration
  • Appointment of arbitrators
  • Flexibility on procedure
  • Costs
  • Supervision of the procedure and scrutiny of the award
  • Enforcement

Differences and overlaps between institutional and ad hoc arbitration

This Practice Note considers the key differences between institutional and ad hoc arbitration as well as areas of overlap between the two.

An institutional arbitration is administered by an arbitral institution agreed by the parties and conducted in accordance with that institution’s rules.

Some of the major arbitral institutions include:

  1. the London Court of International Arbitration (LCIA)

  2. the International Court of Arbitration of the International Chamber of Commerce (ICC)

  3. the Arbitration Institute of the Stockholm Chamber of Commerce (SCC) and

  4. the Singapore International Arbitration Centre (SIAC)

  5. the Hong Kong International Arbitration Centre (HKIAC)

  6. the International Centre for Dispute Resolution (ICDR) attached to the American Arbitration Association (AAA)

Other commercial arbitration institutions have emerged, particularly in the Middle East and Asia. Amongst these, the following are covered by dedicated Practice Notes:

  1. Dubai International Arbitration Centre (DIAC)

  2. DIFC-LCIA Arbitration Centre

  3. Abu Dhabi Commercial Conciliation & Arbitration Centre (ADCCAC)

  4. Korean Commercial Arbitration Board (KCAB)

  5. Mumbai Centre for International Arbitration (MCIA)

Each institution has its own set of rules that provide a framework for the arbitral process. Typically, the arbitration clause agreed by the parties, very often as part of a commercial agreement, will specify which institutional rules will apply to any arbitration.

The institutions themselves provide administrative support to both the parties and the tribunal and assist