Institutional arbitration: harmony, disharmony and the 'Party Autonomy Paradox'

摘要

Party autonomy has always been regarded as one of the basic axioms on which the international arbitral process is built. In institutional arbitration, the respect for the parties' autonomy is endangered by the autonomy of the arbitral institution. Allowing institutional autonomy to prevail in these circumstances leads to the "party autonomy paradox": by agreeing to institutional arbitration as an exercise of party autonomy, the parties would at the same time agree to limit that very same autonomy. This article examines the various scenarios in which such a conflict may arise and seeks to strike the right balance beween the respect for the parties' will and the autonomy of the arbitral institution.