Institutional arbitration—an introduction to the key features of institutional arbitration
Produced in partnership with Simmons & Simmons LLP
Institutional arbitration—an introduction to the key features of institutional arbitration

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

  • Institutional arbitration—an introduction to the key features of institutional arbitration
  • What is institutional arbitration?
  • Which are the main arbitral institutions?
  • When should parties choose institutional arbitration?
  • Advantages and disadvantages
  • Institutional arbitration clauses

What is institutional arbitration?

An institutional arbitration is one that is administered by an institution agreed upon by the parties and conducted in accordance with that institution’s arbitral rules. Institutional arbitration may be referred to as administered arbitration.

Generally, the institution's role in an institutional arbitration includes (but is not limited to):

  1. receiving the request for arbitration and distributing it to the defendant

  2. appointing the tribunal where the arbitration agreement provides for them to do so or in default of the parties' ability to do so

  3. setting and administering the financial arrangements for the arbitration (eg setting a deposit or an advance on fees, and paying the tribunal's fees)

  4. assisting the tribunal to deal with any issues that arise relating to the conduct of the arbitration (eg a challenge to a tribunal member)

It is also possible for parties to use an institution as an appointing authority only (ie for appointment of the tribunal) and then conduct an arbitration on an ad hoc basis, but this is relatively rare—see Practice Note: Ad hoc arbitration—an introduction to the key features of ad hoc arbitration

For an introduction to arbitration generally, see Practice Note: Arbitration—an introduction to the key features of arbitration.

Which are the main arbitral institutions?

There are many institutional bodies that administer arbitrations. They operate globally and can be chosen