Jump to ContentJump to Main Navigation
Commercial Arbitration$
Users without a subscription are not able to see the full content.

Hong-Lin Yu

Print publication date: 2011

Print ISBN-13: 9781845861070

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845861070.001.0001

Show Summary Details
Page of

PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 14 October 2019

Party Autonomy and its Restrictions

Party Autonomy and its Restrictions

Chapter:
(p.67) Chapter 5 Party Autonomy and its Restrictions
Source:
Commercial Arbitration
Author(s):

Hong-Lin Yu

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9781845861070.003.0005

This chapter discusses the principle of party autonomy in arbitration. The principle of party autonomy is manifested in the parties' freedom in designing the arbitration procedures to suit their needs. However, party autonomy is not unlimited. It can be restricted by mandatory rules and public policy, which are used to make sure that arbitration is carried out according to a minimum level of standard. This chapter begins with an overview of the theoretical basis underlying the principle of party autonomy. It then considers how the principle is adopted in practice, both internationally and nationally, with particular emphasis on the theory of the freedom of contract and its effect on the mechanism of international commercial arbitration, along with party autonomy in national laws. The next section analyses the exceptions to the principle of party autonomy, namely: mandatory rules and public policy. Finally, the chapter examines the principle of party autonomy as spelled out in the Arbitration (Scotland) Act 2010.

Keywords:   party autonomy, arbitration, mandatory rules, public policy, freedom of contract, international commercial arbitration, national laws, Arbitration (Scotland) Act 2010

Edinburgh Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.