November 6, 2021

The Different Types of Arbitration and Its Procedure

In arbitration, a disagreement is brought before a ‘arbitral tribunal,’ rather than a conventional civil court. The arbitral tribunal is required to make a ruling on the dispute, which is binding on the parties because they have no grounds to appeal. When compared to the typical manner of a judicial action, which normally takes place in a courtroom and involves a protracted process that leaves one or both parties financially tired. The parties can save a lot of time by having an arbitration hearing that is not official and does not entail a court proceeding. Regardless whether it is about the business or heavy industry as well as other problems and conflicts, arbitration can be used to resolve them.

Institutional arbitration.

Institutional Arbitration is when an arbitral institution conducts arbitration. The parties might stipulate in the arbitration agreement that the disagreements should be resolved according to the norms of a certain arbitral institution. The governing body of the institution can choose one or more arbitrators from a pre-selected panel, or the disputants can choose their own panel, but it must be confined to the specified panel. The parties are free to decide on a particular matter, and that liberty includes the freedom to delegate that decision to anybody, even an institution.

To summarize, these institutions’ rules follow a similar pattern, but they are designed expressly for arbitrations that must be managed by the institution in question. Such a clause is clearly beneficial, because even if either party is hesitant to continue with arbitration proceedings at a later stage, it will still be possible to arbitrate successfully due to the existence of a set of rules that govern how the arbitral tribunal will be designated, and the arbitration will be administered and handled.

Institutional Arbitration

Ad-hoc arbitration.

Without an institutional procedure, Ad-hoc Arbitration occurs when the parties agree among themselves and prepare for arbitration. Domestic, international, or international arbitration can all be used. The term “ad hoc arbitration” refers to a dispute that is not subject to the norms of an arbitral tribunal. 

Parties are allowed to declare their own rules of process, since they are not obligated to subject their arbitration to the norms of an arbitral institution. Because most matters relating to arbitration will be handled in line with the national legislation of the seat of arbitration, the geographical jurisdiction of Ad-hoc Arbitration is critical. The amount of arbitrators and the side that appoints them are usually determined by the arbitration and procedural regulations of the country where the arbitration takes place.

Fast track arbitration.

Even other forms of arbitration may be time-consuming and laborious, therefore this form of arbitration serves as a time-saving solution. Fast track arbitration is a time-limited way of resolving disputes under the arbitration and conciliation act. Its system is set up in such a manner that it has eschewed all time-consuming approaches in favour of simplicity, which was the initial goal of such arbitration.

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