Abstract

Party autonomy has always been regarded as one of the basic axioms on which the international arbitral process is built. In institutional arbitration, the respect for the parties' autonomy is endangered by the autonomy of the arbitral institution. Allowing institutional autonomy to prevail in these circumstances leads to the “party autonomy paradox”: by agreeing to institutional arbitration as an exercise of party autonomy, the parties would at the same time agree to limit that very same autonomy. This article examines the various scenarios in which such a conflict may arise and seeks to strike the right balance beween the respect for the parties’ will and the autonomy of the arbitral institution.

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.