The Autonomy of the Parties’ Free Will and Its Limits When Selecting an Arbitrator

Abstract

Summary The party autonomy, known as one of the basic principles in private law, is one of the fundamental pillars of arbitration and one of the fundamental differences between the arbitration procedure and the proceeding before the ordinary courts. Although a wide degree of party autonomy is provided to the parties in arbitration, this “freedom” is not boundless and is limited by a number of different limitations. This article point out limitations and diversity of national regulations in the matter of appointment of arbitrator.