Define: Ad Hoc Arbitration

Ad hoc arbitration refers to a type of arbitration where the parties involved in a dispute agree to resolve their issues outside of the court system, without relying on the rules and procedures of an established arbitration institution.

Institutional arbitration is conducted under the rules and procedures of a specific arbitration institution, such as the International Chamber of Commerce (ICC) or the American Arbitration Association (AAA). Ad hoc arbitration, on the other hand, allows the parties to tailor the arbitration process to their specific needs and preferences.

Ad hoc arbitration offers greater flexibility and autonomy to the parties involved, as they have the freedom to design the arbitration process according to their specific requirements. It also allows for potentially lower costs compared to institutional arbitration.

One potential disadvantage of ad hoc arbitration is the lack of established rules and procedures, which may lead to uncertainty or disagreements between the parties. Additionally, the absence of an arbitration institution may result in challenges in appointing arbitrators or enforcing awards.

In ad hoc arbitration, the parties have the freedom to select their arbitrators. They can either agree on a sole arbitrator or appoint a panel of arbitrators, depending on the complexity and nature of the dispute. The selection process is typically outlined in the arbitration agreement or contract between the parties.

Yes, ad hoc arbitration can be used for both domestic and international disputes. However, it is important to consider the potential challenges that may arise in enforcing ad hoc arbitration awards across different jurisdictions.

In the absence of agreed-upon procedures, the arbitrators have the authority to determine the procedural matters in ad hoc arbitration. They may consider factors such as fairness, efficiency, and the parties’ right to be heard when making these decisions.

In general, ad hoc arbitration awards are final and binding, with limited grounds for appeal. The grounds for appeal may vary depending on the applicable laws and the jurisdiction in which the arbitration takes place.

The duration of ad hoc arbitration can vary significantly depending on the complexity of the dispute, the number of issues involved, and the cooperation of the parties. It is difficult to provide a specific timeframe, as each case is unique.

The confidentiality of ad hoc arbitration proceedings depends on the agreement between the parties. They can choose to include confidentiality provisions in their arbitration agreement or contract to ensure that the proceedings and any related documents remain confidential.