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3 - Limitations to Party Autonomy in International Arbitration

from Part I - Foundations

Published online by Cambridge University Press:  18 February 2023

Stefan Kröll
Affiliation:
Bucerius Law School, Rechsanwalt Kröll
Andrea K. Bjorklund
Affiliation:
McGill University, Montréal
Franco Ferrari
Affiliation:
New York University
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Summary

Party autonomy is often said to be the backbone of international arbitration. This liberalist thinking rests upon the premise that arbitration is a dyadic process between two rational parties. On this view, party autonomy is not only the source of any arbitral tribunal’s adjudicatory authority; it also allows the parties to decide how that adjudicatory authority is to be exercised.

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Publisher: Cambridge University Press
Print publication year: 2023

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