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.