Ad Hoc Arbitration is a type of dispute resolution method where parties manage their own arbitration process without using an established arbitration institution. Think of it as a "custom-built" way to solve business disagreements, where the involved parties set their own rules and procedures instead of following pre-set guidelines from organizations like ICC or AAA. It's often chosen because it can be more flexible and less expensive than institutional arbitration, though it requires more experience to manage effectively.
Successfully represented clients in Ad Hoc Arbitration proceedings involving international commercial disputes
Served as lead counsel in Ad-Hoc Arbitration cases under UNCITRAL rules
Managed complex Ad Hoc arbitration proceedings with claims exceeding $50 million
Typical job title: "Arbitration Lawyers"
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Q: How would you handle a situation where parties disagree on the procedural rules in an ad hoc arbitration?
Expected Answer: A senior lawyer should discuss approaches to negotiating procedural agreements, possibly suggesting UNCITRAL rules as a framework, and explain how to document procedural decisions to prevent later disputes.
Q: What are the key considerations when drafting an ad hoc arbitration clause?
Expected Answer: Should explain the importance of specifying essential elements like arbitrator selection, applicable law, seat of arbitration, and language, while maintaining enough flexibility to handle unforeseen circumstances.
Q: What are the main differences between ad hoc and institutional arbitration?
Expected Answer: Should compare flexibility, costs, administrative support, and procedural frameworks between the two types, with practical examples of when each might be more appropriate.
Q: How do you ensure enforcement of an ad hoc arbitration award?
Expected Answer: Should discuss the New York Convention, importance of proper documentation, and steps to ensure the award meets local enforcement requirements.
Q: What is ad hoc arbitration and when might it be used?
Expected Answer: Should explain that it's arbitration without institutional administration, typically used for its flexibility and potential cost savings, with basic understanding of when it might be appropriate.
Q: What are the UNCITRAL Arbitration Rules?
Expected Answer: Should demonstrate basic knowledge of these widely-used rules for ad hoc arbitration and their role as a procedural framework when parties haven't specified their own rules.