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Party Autonomy with Respect to Procedure in National Law. The various statutes on arbitration grant the parties the right to agree on
Limitations on Party Autonomy. Mandatory Provisions in General. Party autonomy is limited by mandatory rules according to a general principle of law, as expressly provided in English(14)…
Equal Treatment and the Parties’ Right to Put their Case before the Arbitrator. In…
Further Statutory Limits on Party Autonomy. (1) Procedural Agreements Subsequent to the Constitution of the Arbitral Tribunal. In…
In French law, agreements on points of procedure made by the parties after the constitution…
(2) Other Statutory Restrictions. The Swedish law of arbitration provides that the arbitrator shall in principle proceed in accordance with the parties’ agreement as to procedure, unless (literally) the tribunal finds that “something prevents” compliance with the parties’ agreement(23)…
Swiss Law. As just mentioned, Article 182 of the 1987 Act contains no express…
The First View: Pacta Sunt Servanda. The first group of commentators hold…
Early commentators on the Concordat (the old law of domestic arbitration) took the…
Commentators on the law of international arbitration essentially reach the same conclusion,…
The Second View: Exceptional Limitation on Party Autonomy. Other commentators take a different view, considering that “too much emphasis on the primacy of party autonomy is not in the best interest of an efficient settlement of the dispute.”(27).…