We represent clients in both institutional arbitrations administered by major arbitral institutions and ad hoc arbitrations conducted without institutional administration.
Arbitration can proceed under institutional administration or on an ad hoc basis. MC Law advises on framework selection and represents clients effectively in both contexts.
Institutional arbitration provides administrative support and established procedures. We handle cases under ICC, LCIA, AAA-ICDR, SIAC, HKIAC, JAMS, and other institutional rules. We leverage institutional frameworks to achieve efficient proceedings.
Institutional arbitration is administered by an organization like the ICC or LCIA that provides rules, appoints arbitrators, and manages the process. Ad hoc arbitration is conducted without institutional administration, typically using the UNCITRAL Rules, giving parties more control but less support.
Institutional arbitration offers established procedural rules, administrative support, default appointment mechanisms, scrutiny of awards in some institutions, and a recognized framework that enhances enforceability and predictability.
Ad hoc arbitration may be preferable when parties want maximum procedural flexibility, wish to avoid institutional fees, have experience managing arbitrations, or when state parties prefer not to submit to institutional administration.
The choice depends on geography, dispute type, value, and industry. ICC is the most widely used globally, LCIA is efficient for European disputes, SIAC and HKIAC are leading in Asia, and specialized institutions exist for specific sectors like maritime or sports.
Switching mid-proceeding requires agreement of all parties and the tribunal, and is uncommon. It is far better to select the appropriate format in the original arbitration agreement. Some institutions will accept administration of previously ad hoc proceedings by agreement.
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