Parties may agree that the FAI shall act as appointing authority even if the arbitration is not subjected to the FAI rules. This means that the arbitration is conducted ad hoc. If the arbitration is seated in Finland, the arbitration proceedings are governed by the Finnish Arbitration Act (967/1992).
Ad Hoc Arbitration
Commencing an ad hoc arbitration and the role of the FAI
According to the Finnish Arbitration Act, ad hoc proceedings are commenced by the claimant submitting a written notice of arbitration to the respondent (Sections 12(1) and 21 of the Finnish Arbitration Act). The FAI cannot commence, give notice of or administer ad hoc arbitrations. The FAI can only appoint the arbitrator or arbitrators to ad hoc proceedings.
Depending on the contents of the applicable arbitration agreement, the FAI may appoint a sole arbitrator, a presiding arbitrator of a three-member arbitral tribunal, all members of the arbitral tribunal or an arbitrator on behalf of a defaulting party that has failed to appoint an arbitrator where so required by the arbitration agreement.
A party must submit a written application for the appointment of the arbitral tribunal to the FAI. Before making any appointment, the FAI shall grant the respondent an opportunity to be heard.
The application for the appointment of arbitrator(s) to ad hoc proceedings shall contain the following information
- The name and contact details of the parties and of their counsel or other representatives;
- the claimant’s request for the appointment of the arbitrator(s);
- a brief description of the dispute;
- a preliminary statement of the relief sought, together with the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;
- the name and contact details of the arbitrator appointed by the claimant, if applicable;
- identification of and, where possible, a copy of the arbitration agreement under which the dispute is to be settled;
- identification of any contract, other legal instrument or relationship out of or in relation to which the dispute arises;
- if the proceedings are governed by the Finnish Arbitration Act, a copy of the notice of arbitration referred to in Section 12(1) of the Finnish Arbitration Act, which the claimant has served on the respondent; and
- proof of payment of the fee for the appointment of the arbitral tribunal of EUR 3 000.
Please also include the following information
- The VAT number of the party requesting the appointment of arbitrator(s), if the party is registered for VAT; and
- email address and mobile telephone number of a legal representative of the respondent.
Payment of the fee for the appointment of the arbitral tribunal
The fee for the appointment of arbitrator(s) to ad hoc proceedings is EUR 3 000. The fee is non-refundable.
Please find our bank account details here.
Language of the application
The application shall be submitted in the language of the arbitration as agreed by the parties. Failing such agreement, the application shall be submitted in the language of the arbitration agreement.
Filing the application with the FAI
Please see our instructions on how to deliver documents to the FAI.
Answer to the application
Before making any appointment, the FAI shall grant the respondent an opportunity to be heard.
The respondent’s answer to the application shall include the following information:
- the respondent’s preliminary response to the relief sought by the claimant;
- the respondent’s observations or proposals as to the number of arbitrators; and
- the name and contact details of the arbitrator appointed by the respondent, if applicable.
The FAI as appointing authority in arbitrations under the UNCITRAL Arbitration Rules
The FAI may also act as appointing authority in arbitrations conducted under the UNCITRAL Arbitration Rules. Please contact the FAI Secretariat for futher information.
