Arbitration clauses provide for Disputes to be dealt with by an appointed arbitral tribunal and can arise in both domestic and international contexts. An arbitration clause may, or may not, provide for an institution (such as the International Chamber of Commerce (ICC) or London Court of International Arbitration (LCIA) to administer the arbitration under its own Rules or other rules. The arbitration clause can also provide for arbitration that is not administered by an arbitral institution but that is conducted in accordance with established arbitration rules, such as the UNCITRAL Arbitration Rules. In practice, most ad hoc arbitrations are conducted on the basis of the UNCITRAL Rules, because they provide a recognised and tested framework for the proceedings. Another benefit of adopting UNCITRAL Arbitration Rules is that the rules provide for the designation of an appointing authority to constitute the arbitral tribunal to allow the arbitration proceedings proceed, where a respondent is attempting to block the proceedings by refusing to participate in the appointment of the tribunal.
The International Bar Association (IBA) has also published guidelines
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Heidi Yildiz practises international arbitration and commercial litigation as a barrister at 36 Stone, the 36 Group. She is also admitted to practise as an attorney in Finland and is a non-practising English solicitor, having previously practised for more than 12 years as a solicitor. In addition to her counsel practice, Heidi is developing a practice as an arbitrator. She is a fellow of the Chartered Institute of Arbitrators and has been admitted to the SIAC Reserve Panel of Arbitrators.
Heidi is recognised in the Legal500 Private Practice Arbitration Powerlist UK 2022 and 2023 as a leading International Arbitration Counsel in the UK and has since 2018 been recognised by Who’s Who Legal Arbitration as one as one of the World's future arbitration leaders.
Heidi has nearly 15 years of experience as a counsel in complex and high-value international arbitration disputes, both of a private and public law nature. As counsel, Heidi has represented a broad range of clients across a range of different industry sectors in institutional arbitrations conducted under the ICC, LCIA, DIS, FAI, LMAA, UNCITRAL and PCA Rules as well as ad hoc arbitrations, governed by a variety of substantive and procedural laws. In addition to commercial litigation experience at English courts, she has gained a broad commercial litigation experience at all stages of a dispute and at all levels of court in Finland.
Heidi trained first as a solicitor in the London office of Wilmer Hale and upon qualification practiced international arbitration there until 2011. Her experience at WilmerHale included working as part of a team that successfully represented SPLM/A in the ground-breaking Abyei boundary delimitation proceedings against the Government of Sudan conducted under the auspices of the Permanent Court of Arbitration in The Hague. Thereafter, she worked nearly ten years at a leading Finnish firm, Dittmar & Indrenius in Helsinki until she transferred to the English Bar in July 2021 and joined 36 Stone as a full member.
