Home » Events

INSTITUTIONAL AND ADHOC ARBITRATIONS: ADVANTAGES AND DISADVANTAGES

The object of arbitration is to provide fair and impartial resolution of disputes without causing unnecessary delay or expense. Parties are entitled to choose the form of arbitration, which they deem appropriate in the facts and circumstances of their dispute.

In international business, a party contemplating concluding an arbitration agreement in a contract for the resolution of disputes or differences may be faced with a choice of the various types of arbitrations which can be conducted under either self-administered ad hoc or institutional rules or procedures.

Most branches of trade or industry have established arbitration procedures within professional bodies. Contemporary arbitration gives the parties wide latitude to establish whatever rules of procedure they deem appropriate.

There are structural contrasts between the types of arbitrations as is reflected in the manner by which cases are generally presented by the parties and apprehended by the arbitral tribunal.

However, in most situations, the type of arbitration is chosen by the parties not so much because they like it but rather because they have no other choice. While there are intrinsic merits in each type of arbitration, more often than not, the option evaporates and the chosen method normally prevails by default.

I deal with only two types of arbitration namely, ad hoc arbitration and institutional arbitration, their advantages and disadvantages over each other.

Institutional and Adhoc Arbitrations – Advantages and Disadvantages by Sundra Rajoo (November 2009)

Conference Flyer