Global Legal Update (#01-02 January-February 2012)

Party Autonomy vs. Mandatory Rules in International Arbitration

by Olena S. Perepelynska

Needless to say arbitration, based on the agreement of the parties concerned, gives the latter possibility to determine the procedure of resolution of their case. This basic principle of arbitration is known as party autonomy.

According to one of the classic books in international arbitration — “Party autonomy is the guiding principle in determining the procedure to be followed in an international commercial arbitration…

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