Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- 1 Arbitration as a Dispute Resolution Process: Historical Developments
- 2 Theories of International Arbitration
- 3 Limitations to Party Autonomy in International Arbitration
- 4 The Legal Framework of Arbitration: International and National Sources
- 5 Particularities of Investment Arbitration
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
3 - Limitations to Party Autonomy in International Arbitration
from Part I - Foundations
Published online by Cambridge University Press: 18 February 2023
Book contents
- Cambridge Compendium of International Commercial and Investment Arbitration
- Cambridge Compendium of International Commercial and Investment Arbitration
- Copyright page
- Contents
- Figures
- Tables
- Contributors
- Preface
- Part I Foundations
- 1 Arbitration as a Dispute Resolution Process: Historical Developments
- 2 Theories of International Arbitration
- 3 Limitations to Party Autonomy in International Arbitration
- 4 The Legal Framework of Arbitration: International and National Sources
- 5 Particularities of Investment Arbitration
- Part II Public Law Questions Relating to Arbitration
- Part III Stakeholders in Arbitration
- Part IV Applicable Law
- Part V Jurisdiction of the Arbitrator
- Part VI The Arbitral Tribunal
- Part VII Procedural Questions in Arbitration
- Part VIII Role of State Courts in Arbitration
- Part IX Awards
- Part X Post-Award Issues
- Part XI Legal Concepts
- Part XII Areas of Concern
- Part XIII Arbitration and Related Fields
- Part XIV EU Law and Arbitration
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 PressPrint publication year: 2023