What an ad hoc arbitral tribunal is
Ad hoc arbitration is proceedings to resolve a specific civil-law dispute. In this format, the parties constitute an arbitral tribunal for an individual case: they choose a sole arbitrator or a panel of arbitrators, agree on the procedure and refer the dispute for consideration within the scope of the arbitration agreement.
The central idea of ad hoc is that the arbitral tribunal is constituted for a specific dispute and is not a permanent center that accepts, allocates and administers cases on an ongoing basis.
Which documents help in examining an arbitration clause
To discuss a clause, its exact text is important, together with the document containing it. A paraphrase such as “the contract provides for an arbitral tribunal” does not show which dispute resolution method was actually agreed. It is useful to attach the complete contract, its relevant appendices and subsequent agreements that changed the procedure for considering the dispute or the participants involved.
State separately whether a dispute has arisen, what the claims concern and what stage the exchange of documents has reached. This makes it possible to separate questions about a future clause from questions about actions already taken under a specific agreement. Information about the parties to the contract and the persons who signed amendments is needed to the extent relevant to the task at hand.
- The main contract containing the clause, its date and the appendices to which the clause refers.
- Agreements and correspondence in which the parties discussed amending the clause.
- The wording of the claim that has arisen and any objections already submitted.
- Proposals for choosing an arbitrator and the other party’s replies.
- Notices relevant to the matter and evidence that they were sent.
If the text differs between copies of the contract, retain each version and explain its origin. Identify which documents are signed, which remain drafts and which amendments the other party disputes. Legible copies with the page sequence preserved are sufficient for an initial discussion. This set of documents helps frame a specific question: which terms are clearly agreed, where an additional agreement is required and which circumstances need a separate legal assessment.
How to reconstruct the sequence in which the procedure was agreed
Once discussion of ad hoc has begun, it is useful to prepare a separate chronology of organizational actions. For each entry, specify the date, sender, recipient, subject of the message and document against which the information can be checked. A chronology is particularly useful if proposals about the tribunal’s composition, the language and the procedure for exchanging documents were discussed in different emails.
Distinguish a proposal by one party from a term expressly accepted by the other party. A lack of reply, a forwarded email and a signed agreement are different factual circumstances. They should not be combined into a single statement that “the parties agreed” without identifying the supporting document. The legal significance of each circumstance is assessed in relation to the specific dispute.
- List the matters on which agreement has already been recorded in documents.
- Identify provisions for which there are differing versions or objections.
- Link each entry to an email, attachment or signed agreement.
- List separately the organizational actions that remain to be discussed.
For electronic messages, retain the original emails with attachments, rather than only screenshots. Check whether it is possible to tell which proposal a reply concerned and which file was being discussed. If part of the correspondence has been lost, identify that gap. It is better to formulate questions about the content of the agreement, the independence of the proposed arbitrator and documentary evidence of notices separately: the answers rely on different materials.
The prepared list is used to discuss the procedure for a specific dispute. It does not constitute filing a claim through the website and does not replace contacting the arbitral tribunal chosen by the parties.