AUTONOMIJA VOLjE U POSTUPKU IMENOVANjA ARBITARA – MEĐUNARODNA TRGOVINSKA ARBITRAŽA

Abstract

The subject of the paper is an analysis of the scope and reach of the party autonomy in the procedure of appointing arbitrators in international commercial arbitration. After the introductory considerations, special attention was paid to the issues of how to appoint arbitrators, their number, nationality and neutrality, as well as their qualifications, with particular reference to possible limitations of the party autonomy with regard to each of these questions. The paper analyzes in detail the general limitations of the party autonomy arising from the principle of independence and impartiality of arbitrators and the principle of equal treatment of the parties in the procedure of appointing arbitrators. The analysis of the mentioned issues was done from the point of view of the appropriate solutions of international conventions and national laws in the field of arbitration, the rules of the leading arbitration institutions, as well as the positions of the doctrine and international judicial and arbitration practice, based on which the general conclusion (was drawn in the paper).