Chapter 10 - The Role Of Arbitral Institutions - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
10.1. Ad Hoc or Administered Arbitration
One of the many long debated issues in the arbitration field is whether ad hoc arbitration is more effective than administered arbitration.
Views have been expressed from every different angle.
As very properly summarized by Aksen,1 each formula may have advantages.
Amongst the advantages of ad hoc arbitration, cost and speed have been mentioned. In ad hoc arbitration one saves on the fees of the arbitral institution, but in ad hoc arbitrations the arbitrator’s fees are frequently much more expensive.
Furthermore, this additional cost will have to be compared by taking into account the quality of service which such bodies provide.
As to speed, ad hoc arbitration may be faster since there are no long debates as to the “terms of reference” if the arbitrators are keen to proceed quickly.
The involvement of an arbitral institution may add one part to the exchange of correspondence. However, one cannot say that the existence of an arbitral institution always materially delays the proceedings.
CHAPTER 10: THE ROLE OF THE ARBITRAL INSTITUTIONS
Distinctions amongst Arbitrations
10.1 Ad Hoc or Administered Arbitrations
Relationships between the Various Parties
10.2 Relationship between the Parties and the Arbitral Institution
10.3 Relationship between the Arbitral Institution and the Arbitrator
10.4 The Relationship between the Arbitrator and the Parties
10.5 The Arbitral Institution, the Arbitration Agreement and the Award
Litigation and Immunity
10.6 Arguable Exclusion of Parties by Arbitral Institution
10.7 Litigation against Arbitral Institutions
10.9 Anti-Suit Injunctions