The Party Autonomy in International Commercial Arbitration from the Delocalisation Theory


This report will focus on the principles of party autonomy as the proper base of the delocalisation realm. It will also argue that the only legal constraint of party autonomy might be known as the public policy.

The theory of delocalised arbitration is more comprehensive than the principles of party autonomy, in the contemporary system. Since the seat of arbitration plays a crucial role in defining the legal framework for international commercial arbitration, party autonomy theory means that the parties are entitled to designate the arbitral ‘seat,’ and ‘forum’. This would mean that the parties are able to choose substantive law, as well as the arbitration process, such as the appointment of the arbitrators, the timetable, and the language of the arbitration, though it can be assumed that public policy vividly confines the role of delocalised arbitration theory.

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Coordinated by Dr. Mahnaz Mehrinfar & Ms. Roza Einifar