IV Edición Revista Derecho en Sociedad - Ulacit

DERECHO EN SOCIEDAD, N. º 4 . Enero del 2013
Revista electrónica de la Facultad de Derecho, ULACIT – Costa Rica
arbitrators in a particular Arbitration Panel, needs to be approved by the Arbitration
Institute.
A very important factor to have in mind is that arbitration institutes do not work for free.
Institutions have the freedom to establish the method for charging the administrative fees;
a common practice is that institutions charge a proportional value to the amount in dispute
(usually set up in the annexes of the Institution Rules). But the latter, is not so negative
after all, since any expenditures for the fees of Institutional fees will not be required to be
made.
In ad hoc arbitrations, things are quite different, since parties have to establish their rules,
instead of submitting themselves to the jeopardy of a set of Institutional Rules. It is usual
that most of the the possible things to be agreed under an arbitration agreement is
complemented by the lex arbitri provisions on that matter. Notwithstanding, that parties
have the alternative to select already established rules, such as the UNCITRAL RULES.
In general terms, the monetary price of selecting a world-­‐class arbitral center is justified,
by the relief that can be obtained in proceedings such as the selection of arbitrators, and
challenge mechanisms in the cases where justifiable doubts of impartiality and/or
independence exists 22 . Challenges in an ad hoc proceeding tend to be more complex, and
with even more judicial intervention.
Finally, it can be said that there could be hundreds of arguments in favor or against of each
arbitration method, but as many things in arbitration, it will have to be determined by the
parties in their agreement, consecrating, once more and the principle of party autonomy.
Sole or Panel
22 It is to be noted that according to art.13(3) of the Model Law, the last word of a challenge procedure will
always be the court of the place of arbitration, since it allows parties to recur to their instance. Another
relevant, or important factor can be brought up with the example of the Arbitration Court of the ICC, which
has a particular faculty of the revision of the award, to avoid any formal errors, somewhat of a quality control.
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