Institutional Arbitration

Term from Arbitration industry explained for recruiters

Institutional Arbitration is a way of resolving business disputes outside of regular courts, where an established organization (like ICC or AAA) manages the process. Think of it as having a private judge (arbitrator) decide your case, but with the support and rules of a respected organization overseeing everything. It's different from 'ad hoc arbitration' where parties manage the process themselves. Companies often prefer institutional arbitration because it provides clear rules, administrative support, and experienced professionals to handle their disputes.

Examples in Resumes

Represented clients in Institutional Arbitration proceedings under ICC rules

Managed complex Institutional Arbitration cases worth over $50 million

Successfully resolved international disputes through Institutional Arbitration

Served as counsel in Institutional Arbitration and Administered Arbitration proceedings

Typical job title: "Arbitration Lawyers"

Also try searching for:

Arbitration Counsel International Arbitration Lawyer Dispute Resolution Lawyer ADR Specialist International Arbitration Associate Arbitration Partner

Example Interview Questions

Senior Level Questions

Q: How would you handle a conflict between institutional arbitration rules and the law of the seat of arbitration?

Expected Answer: A senior lawyer should explain how to navigate conflicts between different rules, mention practical examples, and discuss strategies for ensuring the award remains enforceable while following both sets of rules.

Q: What factors do you consider when choosing between different arbitration institutions for a particular case?

Expected Answer: Should discuss considerations like costs, location, industry expertise, enforcement potential, timeline, and specific institutional rules that might benefit the client's case.

Mid Level Questions

Q: What are the key differences between ICC and LCIA arbitration procedures?

Expected Answer: Should be able to compare major institutions' procedures, including costs, timeline, level of administrative involvement, and scrutiny of awards.

Q: How do you draft an effective institutional arbitration clause?

Expected Answer: Should explain key elements of an arbitration clause including choice of institution, seat, language, number of arbitrators, and common pitfalls to avoid.

Junior Level Questions

Q: What is the difference between institutional and ad hoc arbitration?

Expected Answer: Should explain that institutional arbitration involves an administrative organization that oversees the process, while ad hoc arbitration is managed by the parties themselves.

Q: What are the main stages of an institutional arbitration proceeding?

Expected Answer: Should outline basic steps from filing request for arbitration, appointing arbitrators, written submissions, hearings, to final award.

Experience Level Indicators

Junior (0-2 years)

  • Basic understanding of arbitration rules
  • Document review and organization
  • Research on arbitration cases
  • Drafting simple submissions

Mid (2-5 years)

  • Case management
  • Drafting complex submissions
  • Client communication
  • Witness statement preparation

Senior (5+ years)

  • Lead counsel role
  • Strategy development
  • Complex case management
  • Business development

Red Flags to Watch For

  • No knowledge of major arbitration institutions
  • Lack of experience with international disputes
  • Poor understanding of arbitration rules
  • No experience with cross-border issues