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