Commercial arbitration and treaty arbitration
Most international arbitration is commercial: two businesses, or a business and a state-owned company, agreed in a contract to send their disputes to private arbitrators. Investment treaty arbitration is a different branch. There, a foreign investor brings a claim against a host state under a treaty or law that offers that option, and the state's consent comes from that instrument rather than from a contract with the investor. The two kinds share vocabulary but differ in who can bring a claim, what can be claimed, and how much of the process becomes public. Knowing which one you are in is the first step to understanding the case.
Institutional and ad hoc proceedings
In institutional arbitration, an organization administers the case under its published rules, handling filings, fees, and appointments when the parties cannot agree. Well-known institutions include the International Chamber of Commerce, the International Centre for Dispute Resolution, which is the international arm of the American Arbitration Association, and regional centers in London, Singapore, Hong Kong, and Seoul. Ad hoc arbitration has no administering body; the parties and the tribunal run the process themselves, often under the UNCITRAL Arbitration Rules. Institutional cases bring structure and a fallback when one side stalls, while ad hoc cases can be more flexible but depend more on cooperation. Many institutions also offer expedited procedures for smaller disputes and emergency arbitrators for urgent interim relief before the tribunal is formed.
Sector forums and what the contract decides
Some industries have their own arbitration traditions. Maritime disputes are often heard by arbitrators connected with established associations in London and New York, and many sports disputes go to a dedicated tribunal in Switzerland. In most commercial cases, though, the type of arbitration is fixed by the contract clause, which names an institution or set of rules, a seat, and sometimes the number of arbitrators. When we review a matter, we start with that clause and any related agreements, because different contracts in the same deal sometimes point to different forums. From there we can explain what the proceeding will look like, how it is staged, and where the main strategic decisions will arise.
