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Key definition
Institutional arbitration definition

What does Institutional arbitration mean? arbitration conducted with the supervision and case management of an arbitral institution, applying that institution’s arbitration rules (for example, the LCIA Arbitration Rules or ICC rules). Also called administered arbitration. Some arbitrations are administered by other bodies, such as trade associations. Key features include: an established procedural framework; secretariat support; appointment and challenge mechanisms; fee schedules; provisions for emergency arbitrators, expedited procedures and (rule‑dependent) consolidation/joinder; and, in some institutions, scrutiny of draft awards. The institution does not decide the dispute; the tribunal does. Parties usually opt for institutional arbitration in their arbitration clause, though an institution can be...

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Ad hoc arbitration under the Arbitration Act 1996: suitability, procedure, costs, enforcement and clause drafting

Practice notes
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Ad hoc arbitration

An ad hoc arbitration is any arbitral process where the parties have not chosen an institution to manage it. This gives parties latitude over how the arbitration is run, but provides less outside assistance throughout the process. It can be faster than Institutional arbitration, though not if the parties encounter problems constituting or running the tribunal at any stage. Many parties and their lawyers are accustomed to this and do not believe an institution would bring benefit to their arbitrations. Arbitration clauses can be revised once a dispute has arisen, or even after an arbitration has begun, to take the proceedings out of institutional hands and have them proceed on an ad hoc footing instead, should they so choose. Without an institution supervising tribunal Appointments under its Rules, the parties may nominate an Appointing authority in case their appointment mechanism fails for whatever reason. This could be an arbitral institution, a local law society, or another trade or professional body, for example. If not, the court at the seat will step in to fill the gap, which may carry drawbacks in relation to speed, cost, and reduced confidentiality when compared with institutional processes overall...

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Web page updated on 21/05/2026

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