Factors to consider when choosing an arbitral institution

Arbitral institutions are an integral part of the arbitral infrastructure. They serve as the administrators of the arbitration and shape the policies that govern the process. Further, arbitral institutions are commonly regarded as playing a key role in effecting change to the arbitration process and often serve as a key resource centre for new users in a particular region.

Relevant factors to consider in choosing which arbitral institution to nominate in an arbitration agreement include:

• reputation

• fee structure

• case management practices

• maturity of arbitration rules

• scope of specific “opt in” or “opt out” provisions within those rules

• availability of fast-track arbitration and expedited/summary procedures

• whether pre-handing down scrutiny of award provided for (as it is in the case of ICC and SIAC awards)

• experience with complex projects/transactions, and

• express confidentiality provisions.