The BRICS International Arbitration Court: ad hoc vs. institutional arbitration

Abstract

This article explores potential frameworks and procedures for resolving interstate disputes between BRICS member states and their economic entities. Following the example of similar structures operating within the CIS, the author proposes the establishment of a separate judicial body to resolve disputes. The study uses a comparative legal analysis to examine the proposed BRICS International Arbitration Court through the lens of the relationship between ad hoc and institutional arbitration. This allows the study to identify the strengths and weaknesses of each format. The results suggest that both approaches must be combined for the future jurisdiction to function optimally. As an institution, the arbitral tribunal will primarily be responsible for administering the arbitration. The ad hoc format, however, is more appropriate for appointing the members of the arbitral tribunal. The proposed model for the operation of the arbitral tribunal will prevent any single state or group of states from exerting undue influence over the course of arbitration proceedings.