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ARTICLE · 18 NOVEMBER 2021

Party Autonomy – A Grundnorm To Arbitration

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Some men change their party for the sake of their principles; others their principles for the sake of their party – Winston Churchill

IndiaLitigation, Mediation & Arbitration

Some men change their party for the sake of their principles; others their principles for the sake of their party – Winston Churchill

INTRODUCTION

In current times, resolving disputes through alternative mechanisms is becoming more prevalent as community demands speedy disposal of justice. Arbitral proceedings are now increasingly recognized as a fast and effective remedy for resolution of disputes, where parties agree to submit their disputes to arbitration based on the expressed conditions agreed upon by the parties. In this article, we have shown as to how an arbitration proceeding is driven by autonomy of the parties to an arbitration agreement.

The roots of the word Arbitration lie in the principle of 'party autonomy'. The word means to have 'freedom to opt' or 'parties at will'; and the jurisprudence of arbitration has long embraced this concept. This principle is the guiding grundnorm for arbitration laws across various jurisdictions. Parties

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