How it differs from institutional arbitration
In ad hoc arbitration, no organization administers the case. The parties, and then the tribunal, handle what an institution would otherwise do: appointing arbitrators, setting the schedule, managing fees, and arranging hearings. Many ad hoc agreements adopt the UNCITRAL Arbitration Rules, which are widely used in international business and provide a framework without an administering body. The approach can save administrative fees and offer flexibility, but it relies heavily on cooperation, and a reluctant party can slow things down. Awards from ad hoc proceedings are generally enforceable in the same way as institutional awards, including across borders under the international treaty on recognizing arbitral awards.
When the process stalls
The most common problem is getting the tribunal formed. If one side refuses to appoint an arbitrator, the agreement or the adopted rules usually provide a fallback, such as an appointing authority chosen by the parties or designated through an international body. Courts, including New York courts, can also step in to appoint an arbitrator when the agreed method breaks down, and they can address some procedural questions in support of the arbitration. Keep the arbitration clause, every notice sent under it, and the dates, because the rules often tie deadlines to when a notice was received. Where the clause is vague about the seat or the number of arbitrators, those gaps can become the first dispute.
Planning the case
Our starting point is the clause and the rules it adopts. From there we identify the seat of the arbitration and work out which courts can support or review the process. We look at whether the other side is likely to cooperate and what that means for timing and cost. We also discuss practical choices the parties will need to make, such as the language of the proceedings and how hearings will be conducted. For a contract still being negotiated, the same review helps decide whether ad hoc or institutional arbitration suits the relationship.
