When the ad hoc label is not enough

The legal reference

Paragraph 50 addresses awards made by a formally case-specific tribunal that in fact has institutional characteristics. A breach of Article 44(20) is treated as a breach of the statutory procedure.

The examples

The Plenum mentions arbitrator colleges or lists, standing arbitration rules and assistance to proceedings with different arbitrators provided by the same person. These factors are considered in the context of the actual organisation.

Practical relevance

Compare the procedure’s name with its structure. The guidance is relevant to documents and court supervision; it does not itself prohibit thematic use of the word “arbitration” on a personal page.

Choosing the state court

Judicial guidance: paragraph 11 of Supreme Court Plenum Resolution 53 applies the nature of the claims and party composition together to arbitration assistance and supervision. Where individual and corporate debtors face inseparable claims, the enforcement application goes to a general-jurisdiction court against all debtors. The paragraph separately addresses specified corporate and other specially allocated disputes.

See choosing a state court in six countries.