"Ad hoc" arbitration

1. "Ad hoc" arbitration is the type of organization of arbitration and conduct of arbitral proceedings, which, in contrast to the institutional (standing in a certain place according to certain rules) arbitration, which is the American International Commercial Arbitration Court, is formed and implemented by the parties to contractual relations  for a single consideration of a specific dispute arisen between them (in this case).

2. "Ad hoc" arbitral proceedings in the practice of the AICAC is carried out in accordance with the Regulation of the American International Commercial Arbitration Court "On the procedure of organization and conduct of "ad hoc" arbitral proceedings".

3. Mediation of the Arbitration Court in organization and conduct of "ad hoc" arbitration consists in exercise by the authorized representatives of the Arbitration Court Secretariat of the following functions:

  •  Sending all types of notifications and reports of legal significance, specified by the Regulations of the Arbitration Court and executed on the initiative of "ad hoc" arbitration tribunal arbitrators, to the parties, arbitrators and other persons involved in the arbitration proceedings;
  •  Drawing up minutes of the  meetings and other official documents relating to the conduct of "ad hoc" arbitration;
  •  Organizing translation of documents, written and oral testimony of the parties, witnesses and other persons involved in the arbitration proceeding;
  •  Providing the necessary accommodation to conduct hearings, meetings of the arbitrators, and other necessary procedural actions executed in the course of arbitration proceeding;
  •  Participation of persons authorized by the Secretariat of the Arbitration Court in establishing the optimum dates, and actual places of hearings and other events associated with the arbitration proceeding, with respect to the convenience of the arbitration proceeding, objectivity and fairness of the final "ad hoc arbitration award;
  •  Organizational support, in particular - with respect to transport, accommodation and meals, participation in the arbitration proceeding of the arbitrators, the parties, experts, witnesses and other persons involved in hearings and other procedural actions by the "ad hoc" arbitration tribunal decision;
  •  Accompanying and monitoring all expenditures and financial procedures associated with "ad hoc" arbitration;
  •  Any other kind of support, specified in this Regulation or logically resulting from its content and being not contrary to the Regulations of the Arbitration Court, as well as the provision of "ad hoc" arbitration tribunal with other assistance it deems necessary to request for to ensure proper conduct of arbitration proceeding.

4. These functions shall be executed by the Arbitration Court only with the consent of the chairman of "ad hoc" arbitration tribunal or the sole "ad hoc" arbitrator.

5. Procedures to initiate an arbitration proceeding, namely, sending and receiving notice of arbitration, filing a claim and executing points of defense, formation of "ad hoc" arbitration tribunal and other legally significant actions prior to the beginning of the consideration of the dispute on its merits, are executed by the parties under the mutually agreed  rules.

6. In the event that the parties, having an arbitration clause establishing a competence of the Arbitration Court to mediate in the organization and conduct of "ad hoc" arbitration, have not agreed on the special rules regulating the procedures of initiating and subsequent conduct of the arbitration proceeding by the parties, the rules established by either the Regulations of the Arbitration Court or UNCITRAL Arbitration Rules are applied at their option.

7. Following the approval of the numeric strength and personal composition of the "ad hoc" arbitration tribunal, but before the beginning of considering the dispute on its merits, the parties may, at their discretion or by agreement with the arbitrators of the approved by them "ad hoc" tribunal, confirm or change the previously agreed rules of conduct of the arbitration proceeding.

8. In the event that the parties, having an arbitration clause establishing a competence of the Arbitration Court to mediate in the organization and conduct of "ad hoc" arbitration, the parties have not agreed on specific  rules of arbitration proceeding, the «ad hoc» arbitration is conducted in accordance with the Regulations of the Arbitration Court.

9. "Ad hoc" arbitration tribunal, according to the will of the parties, may consist of one or three arbitrators.

10. The parties have the right to determine in arbitration clause or in a special arbitration agreement that the numerical strength and personal composition of arbitration tribunal shall be formed in accordance with the rules established by the Regulations of the Arbitration Court or UNCITRAL Arbitration Rules, or in accordance with the rules established by the parties.

11. The address of the seat of "ad hoc" arbitration, organized and conducted through intermediary of the Arbitration Court is the following: USA, the State of Delaware is 1209 Orange Street in the City of Wilmington, DE 19801-1120.

12. Certain procedural actions in the course of the "ad hoc" arbitration tribunal proceeding, may be conducted in various countries and cities, if the "ad hoc" arbitration tribunal deems it advisable.

13. Arbitration costs payable by the parties to the dispute during "ad hoc" arbitral proceedings, carried out through intermediary of the Arbitration Court, consist of the following categories of fees payable by the parties to the dispute:

13.1. Arbitration Court Registration fee;

13.2. Administrative fee;

13.3. Remuneration fee;

13.4. Compensating arbitration fees.