Publications - Party Autonomy in International Commercial Arbitration Back

Title Party Autonomy in International Commercial Arbitration
Authors Agarwal, Anurag K.
Publication Date 01-Apr-2006
Year 2006
Abstract Arbitration is a creation of contract between the parties. Hence, party autonomy is the heart and soul of each and every arbitration contract. However, this autonomy is not unbridled. Applicable law and public policy provide the boundaries to this autonomy. This study focuses on a catena of judgments of various courts, primarily the U.S. Supreme Court, the House of Lords, and the Supreme Court of India in determining the trend towards acknowledging party autonomy as one of the most important aspects of international commercial arbitration. It will also look into related issues dealt by the New York Convention and the UNCITRAL (United Nations Commission on International Trade Law) Model Law.