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Judicial Fairness and Party Autonomy in International Commercial Arbitration
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Hassan Francis Whitfield
Researcher at School of Law, Shanghai University of Finance and Economics, China
Abstract
The principle of party autonomy is a fundamental aspect of the arbitration process, granting specific contractual liberties to the parties involved. Notwithstanding its perceived attractiveness as an unrestricted entitlement, the arbitration concept has encountered various exemptions that have significantly limited its applicability in international commercial arbitration. The present study employs doctrinal analysis and theoretical conceptualization to scrutinize the principle of party autonomy in international commercial arbitration. The study analyzes the degree to which specific exemptions to the principle of autonomy, such as those related to public policy and natural justice, have curtailed the application of the principle in real-world scenarios where autonomy conflicts with considerations of justice and delocalization. The present study investigates the impact of exceptions on party autonomy in two legal systems: the Common law system in England and the Republic of Nigeria. The study aims to determine how these exceptions have impeded party autonomy.
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 7, Issue 4, Page 167 - 193
DOI: https://doij.org/10.10000/IJLMH.117983Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2021