Abstract
Arbitration is essentially a contractual system of dispute resolution. The parties agree that their dispute, or any dispute which may arise between them in the future, shall be settled by a private judge, the arbitrator, or a private court, the arbitration tribunal. As a contractual arrangement, arbitration is, at least in theory, governed by the principle of party autonomy. According to this principle the parties are at liberty to make such arrangements as they like but, as is well known, in all legal systems the principle of party autonomy is subject to a great and growing number of qualifications. In English law, the principle of freedom of contracting is not only limited by public policy considerations but also by a host of mandatory statutory provisions, contained in enactments such as the Unfair Contract Terms Act 1977, the Consumer Credit Act 1974 and the Supply of Goods and Services Act 1982.
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