What are the different types of arbitration?

3 minutes
International Commercial Arbitration
Domestic Arbitration
Institutional Arbitration
Statutory Arbitration
Ad Hoc Arbitration
Fast Track Arbitration
Look Sniff Arbitration
Flip Flop Arbitration
Table regarding types of arbitration

International Arbitration

International Commercial Arbitration means an Arbitration relating to the disputes arising out of a legal relationship where at least one of the parties which are incorporate in any country other than India; a company or an individual alliance whose central management and control are exercised in any country other than India or the government of a foreign country.

Domestic Arbitration

Domestic Arbitration means an Arbitration which takes place in India is subject to Indian Law and the cause of action arisen between the parties who are subject to Indian Jurisdiction.

Institutional Arbitration

Institution Arbitration is administered by the Arbitration Institutes. In India, we have some of the leading Arbitration institutes which are Indian Council of Arbitration (ICA), Federation of India Chamber of Commerce and Industry (FICCI) & International Center for Alternative Dispute Resolution (ICADR). The parties to an arbitration agreement should specify particularly in the agreement to mention the dispute between the parties to the above mention Arbitration Institutes for the dispute resolution.

Statutory Arbitration

When arbitration is conducted by the provisions of a special implementation, which specifically provides for arbitration in respect of disputes arising on matters covered by that enactment, it is called Statutory Arbitration. Statutory Arbitration is such a proceeding where the parties are referred to the arbitrator in terms of the provision made in a particular statute. There are some Central and State Acts, which provide for such arbitrations.

Ad Hoc Arbitration

In ad hoc arbitration, the Arbitration is agreed to and arranged by the parties themselves without any assistance from an Arbitral Institution. If the parties do not agree as to the person who will be the Arbitrator or if one of the parties is unwilling as to the choice of the Arbitrator or in appointing the Arbitrator, the other party will have to recourse to the court for relief under section 11 of the Arbitration and Conciliation Act 1996.

Ad hoc arbitration refers to arbitration where the procedure is either agreed by the parties or in the absence of an agreement, the procedure is laid down by the arbitral tribunal at a preliminary meeting once the arbitral tribunal has been constituted. In ad hoc arbitration, the fees of the Arbitrator is agreed upon by the parties or fixed by the arbitral tribunal.

Fast Track Arbitration

This is a specialized type of Arbitration which contains a speedy process carried out in a time-bound manner. This type of Arbitration can be opted by Domestic Resolution as well as International Resolution. As relating to the resolution of disputes parties who need speedy resolution can opt for Fast Track Arbitration which takes out a few days or few weeks. The written submissions by the parties may be in the form of letters written to the tribunal or maybe a formal document produced by lawyers.

Look Sniff Arbitration

The arbitrator in this type of Arbitration is an individual having expertise about a specified area of business, in this type of Arbitration, the arbitration is majorly a combination based on the arbitral process and expert opinion.

Flip Flop/Pendulum Arbitration

Flip Flop Arbitration is also called as Pendulum Arbitration. In this type of Arbitration, the parties put together their case before an action or event taking place thereafter these parties call the arbitrator to choose one from the two cases made by the parties. The arbitrator decides upon choosing the correct submission which made by both parties then passes the award.