<abstract xmlns="http://www.w3.org/1999/xhtml"><p> Party autonomy is a recognized concept in commercial arbitration worldwide. The traditional aspect of international arbitration where three arbitrators are appointed has been subject to criticism in the past as well as today. The appointment of a sole arbitrator purportedly allows for shorter arbitration proceedings while appointing three arbitrators tends to prolong international arbitration. The limitations of party autonomy have been moving beyond the old horizons as within current global relations the parties tend to avoid making a decision on the appointment of arbitrators themselves and thus arbitration bodies or tribunals have to act instead of them. The objective of this study is thus to provide an analysis of the issue from a broader viewpoint and to present the differences of opinion together with interesting conclusions across the expert community.</p></abstract>

Party autonomy is a recognized concept in commercial arbitration worldwide. The traditional aspect of international arbitration where three arbitrators are appointed has been subject to criticism in the past as well as today. The appointment of a sole arbitrator purportedly allows for shorter arbitration proceedings while appointing three arbitrators tends to prolong international arbitration. The limitations of party autonomy have been moving beyond the old horizons as within current global relations the parties tend to avoid making a decision on the appointment of arbitrators themselves and thus arbitration bodies or tribunals have to act instead of them. The objective of this study is thus to provide an analysis of the issue from a broader viewpoint and to present the differences of opinion together with interesting conclusions across the expert community.

Party Autonomy in the Procedure of Appointing Arbitrators

International and Comparative Law Review

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{"article-title":"Party Autonomy in the Procedure of Appointing Arbitrators"}

Party autonomy is a recognized concept in commercial arbitration worldwide. The traditional aspect of international arbitration where three arbitrators are...

Party Autonomy in the Procedure of Appointing Arbitrators

Pubblicato online: 28 mar 2018

Pagine: 93 - 109

DOI: https://doi.org/10.2478/iclr-2018-0017

Parole chiave
Party autonomy, international commercial arbitration, length of arbitration proceedings, appointment of arbitrators, ad hoc arbitration, independence of arbitrators

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Party Autonomy in the Procedure of Appointing Arbitrators

Pubblicato online: 28 mar 2018

Pagine: 93 - 109

DOI: https://doi.org/10.2478/iclr-2018-0017

Parole chiaveParty autonomy, international commercial arbitration, length of arbitration proceedings, appointment of arbitrators, ad hoc arbitration, independence of arbitrators

© 2018

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 License.

Parole chiave
Party autonomy, international commercial arbitration, length of arbitration proceedings, appointment of arbitrators, ad hoc arbitration, independence of arbitrators