Party Autonomy Vs. Case Management İn International Arbitration

The ICC Rules of Arbitration (2012). Article 19. The ICC Rules of Arbitration (2012) for example state that the proceedings shall be governed by any rules settled by the parties “where the Rules are silent,” a provision which the 2012 edition has not modified from the previous 1998 edition(33).…

The Swiss Rules of International Arbitration (2012). The parties’ right to agree on procedural points is not mentioned in any general provision in the Swiss Rules of International Arbitration(35).…

The UNCITRAL Rules (2010). The UNCITRAL Rules are not considered to be proper institutional rules, since the parties operating under UNCITRAL rules must agree on the designating and appointing authorities within the meaning of Article 6 in order for an arbitral institution to be in charge of the arbitration. There is, in other words, no arbitral institution which has a kind of monopoly to supervise UNCITRAL arbitrations in the same way in which, say, the ICC or the Arbitration Court of the Swiss Chambers are called upon to supervise an ICC or a Swiss Rules arbitration, respectively. This is also the reason for which party autonomy has had a pre-eminent role in the UNCITRAL Arbitration Rules: the parties are entitled to modify the UNCITRAL Rules as they deem fit(37)…