17.05.2012
Ad hoc arbitration (for this case – Latin) is a form of commercial (non-state) arbitration that is created for resolution the particular dispute. This is the main difference between ad hoc and permanently operating arbitration such as the ICAC.
The legal basis of ad hoc arbitration is the same as that for permanent arbitration and it is the Law of the Russian Federation “On International Commercial Arbitration”.
At the same time ad hoc arbitration does not have such possibilities as the possibilities of an institutional form.
The wide current practice is assisting ad hoc arbitration by institutional arbitration centers. They assist in appointing and challenging the arbitrators, organization or hearing, renting the halls for it, providing the services of support personnel if the parties agreed that the dispute should be resolved by ad hoc arbitration.
To assist ad hoc arbitral tribunals, Rules of Assistance by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation to arbitration on the basis of the UNCITRAL Arbitration Rules were prepared. These Rules were approved by President of the Chamber of Commerce and Industry of the Russian Federation on December 9, 1999, and came into force on January 1, 2000.
The rules are aimed at creating legal base for ICAC’s assisting ad hoc arbitral tribunals, particularly on the basis of the UNCITRAL Arbitration Rules.
A model arbitration clause recommended for inclusion in a contract (agreement) reads as follows:
“Any dispute, controversy or claim, which may arise out of, or in connection with, this contract (agreement), or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the current UNCITRAL Arbitration Rules. The appointing authority shall be the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation”.
The parties may wish to add the following: the number of arbitrators, one or three; the place of arbitration - a city or country, and the language(s) of the arbitration proceedings to be added to this model arbitration clause.
Assisting Ad hoc Arbitration
Ad hoc arbitration (for this case – Latin) is a form of commercial (non-state) arbitration that is created for resolution the particular dispute. This is the main difference between ad hoc and permanently operating arbitration such as the ICAC.
The legal basis of ad hoc arbitration is the same as that for permanent arbitration and it is the Law of the Russian Federation “On International Commercial Arbitration”.
At the same time ad hoc arbitration does not have such possibilities as the possibilities of an institutional form.
The wide current practice is assisting ad hoc arbitration by institutional arbitration centers. They assist in appointing and challenging the arbitrators, organization or hearing, renting the halls for it, providing the services of support personnel if the parties agreed that the dispute should be resolved by ad hoc arbitration.
To assist ad hoc arbitral tribunals, Rules of Assistance by the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation to arbitration on the basis of the UNCITRAL Arbitration Rules were prepared. These Rules were approved by President of the Chamber of Commerce and Industry of the Russian Federation on December 9, 1999, and came into force on January 1, 2000.
The rules are aimed at creating legal base for ICAC’s assisting ad hoc arbitral tribunals, particularly on the basis of the UNCITRAL Arbitration Rules.
A model arbitration clause recommended for inclusion in a contract (agreement) reads as follows:
“Any dispute, controversy or claim, which may arise out of, or in connection with, this contract (agreement), or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the current UNCITRAL Arbitration Rules. The appointing authority shall be the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation”.
The parties may wish to add the following: the number of arbitrators, one or three; the place of arbitration - a city or country, and the language(s) of the arbitration proceedings to be added to this model arbitration clause.
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