Posted: February 6th, 2015

The principle of party autonomy and the applicable law are playing different but interrelated roles in international commercial arbitration.? Critically evaluate this Statement.

The principle of party autonomy and the applicable law are playing different but interrelated roles in international

commercial arbitration.? Critically evaluate this Statement.

Project description
Assignment Topic: The principle of party autonomy and the applicable law are playing different but interrelated roles in

international commercial arbitration. Critically evaluate this Statement.

Relatedlecture slides
Autonomy Rules and the Applicable Law
Party Autonomy Rules
Party autonomy may be defined as self-arrangement of legal relations by individuals according to their respective will, it

is the ability to control the arbitration process; it refers to the principle that in arbitration the parties choose how

they want the dispute resolution to be conducted.

Arbitration is all about choice.
The parties choose whether to arbitrate their disputes, whom the arbitrators will be, where the arbitration will take

place, and what procedures will be applied. The ability to control the arbitration process is known as party autonomy.

Legal Ground of Party Autonomy:What is the Legal Ground of theParty Autonomy?
Party autonomy rules in commercial arbitration means that parties can agree where they arbitrate, and which rules and laws

govern the arbitration.
Is party autonomy a contractual right, or something else?
If party autonomy is a contractual right, what is about the litigation?
How could constitutional right be secondary to the contractual right?
However, where the legal relevancy of arbitration comes from any way?
Does it also come from “party autonomy”?
Can party autonomy be a fundamental right?

What are the limitations of the party autonomy?
This freedom is not guaranteed without limitations. It is only guaranteed within the legal order and social justice.

Another limitation comes from arbitrators chosen by the parties.
Arbitrators do not always respect the choice of the parties.

Party Autonomy and English Law
The arbitral tribunal is required to decide the dispute in accordance with the law chosen by the parties as applicable to

the substance of the dispute or in accordance with such other considerations as may be agreed by the parties.

Applicable Laws
The law governing the arbitration agreement
The law governing the arbitral tribunal and its proceedings
The law governing the substance of the dispute
The law governing recognition & enforcement

Model Clause
Any dispute arising out of or in connection with this contract, including
any question regarding its existence, validity or termination, shall be
referred to and finally resolved by arbitration under the LCIA Rules, which
Rules are deemed to be incorporated by reference into this clause.
The number of arbitrators shall be (one/three).
The seat, or legal place, of arbitration shall be (city and/or country).
The language to be used in the arbitral proceedings shall be (insert language).
The governing law of the contract shall be the substantive law of (insert governing law).

PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET AN AMAZING DISCOUNT 🙂

62.