By Yasmine EDDAM
4 April 2025
Choosing international arbitration to settle a dispute is a decisive first step. But then a fundamental practical question arises: how will the procedure be organised in practice? Who will administer the process, appoint the arbitrators in the event of disagreement, and manage the logistical and financial aspects? There are two main options open to companies: "institutional" arbitration, supervised by a specialised centre, and "ad hoc" arbitration, managed directly by the parties and the arbitrators. This initial choice has major consequences for the way the procedure unfolds. Moreover, even in this private setting, state justice is never totally absent: the French "juge d'appui" plays an essential role in unblocking certain situations. This article explores these two modes of organisation and the crucial role played by arbitration institutions and the juge d'appui. Institutional arbitration vs. ad hoc arbitration: which choice? When drafting an arbitration agreement...
EN 
FR