Institutional v Ad Hoc

Question 1

What is ad hoc arb?

Answer 1

Not administered by an insitution
ca follow insitutional rules
UNCITRAL allows for ad hoc
If no agreement on composition- must go to courts
Interim relief from courts
Usually only done in pro-ad hoc countries.

Question 2

What is insitutional arb?

Answer 2

Arbitration cannot begin until notice is delivered to the institution
Cannot appoint arbitrators unless confirmed by the insitution
Institution issues the award
Many institutions have provisions that support ad hoc arb.

Question 3

Idea of arbitration

Answer 3

Parties enter into arbitration willingly and enthusiastically

Question 4

Where does jurisdiction come from

Answer 4

Agreement of parties

Question 5

Whats the scope

Answer 5

The issue to be decided

Question 6

What procedure is to be followed?

Answer 6

Whatever the parties agree to

Question 7

How is the award to be enforced

Answer 7

Agreement of parties
Courts
Self help
Community pressure
Voluntary compliance

Question 8

Legal status of Ad hoc

Answer 8

UNCITRAL Rules and NY convention make no distinction between insitutional and ad goc

Article 1: awards include that of ad hoc arb

Question 9

Options for ad hoc

Answer 9

Appointing seat
choosing procedure to be followed
Applying mechanism
Non administering insitution for interim relief

Question 10

When to not do ad hoc

Answer 10

Country that doesnt have tradition
When enforcing in a trouble country
When state involved
When want to follow instiution
When a party is trying to rig it
When prefer to go to courts