A Critical Analysis of Institutional Arbitration Vs. Ad-Hoc Method

  • Osheen U Rakesh
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  • Osheen U Rakesh

    LLM student at Manipal University Jaipur, India.

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Arbitral proceedings scholars and practitioners agree that there are two types of dispute resolution: ad hoc and institutional . This long-standing schism has infrequently been thrown into question, and it has largely served its purpose in arbitration panel practice. The current participation delves deeper into the redirect among both ad hoc and institutional arbitration by examining "borderline offensive incidents," or configurations that could quite effortlessly be assigned to one of these two major categories. There are four types of borderline examples cited are UNCITRAL arbitrations , particularly those prescribed by arbitral institutions, incidents in which the stakeholders have selected integrity of the system but not the granting institution (and vice versa), the stakeholders' transformation of statutory provisions, and the recognition of a feasible "legally required" cornerstone of legal principles, and "chop and change" (or "combination") legitimate way integrating the guidelines of one arbitration tribunal with the administering of the specific instance by a separate arbitral institution. The paper seeks to obtain a glimpse into the primary features influencing each arbitral proceedings section by analyzing the issues that were resolute in these borderline contexts being classified as institutional or ad hoc. It creates and discusses a unique interpretation of "institutional arbitration" based on all of these observations.


Research Paper


International Journal of Law Management and Humanities, Volume 5, Issue 1, Page 2154 - 2167

DOI: https://doij.org/10.10000/IJLMH.112778

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