Party Autonomy Definition

GLOSSARY

/ˈpɑːti/ /ɔːˈtɒnəmi/

Published by a UU��ֱ�� Arbitration expert

What does Party Autonomy mean?

In arbitration, the parties’ freedom to determine, for example, the procedure to be followed by the tribunal and parties. Party autonomy is often cited as one of the distinct features and advantages of arbitration.

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Family arbitration—introduction

Family arbitration—introduction This Practice Note outlines the process of arbitration in family cases, which has been available for financial disputes since March 2012, and for children issues since July 2016. It considers the applicable rules, the role of a solicitor acting for a party in reaching a binding arbitration and the key benefits of arbitration. It also details the coverage of the Institute of Family Arbitrators (IFLA) scheme and the powers of the arbitrator. For practical guidance on the role of the courts in relation to arbitral awards or determinations, see Practice Note: Family arbitration—the role of the courts. On 27 March 2023, the Ministry of Justice (MoJ) published a consultation into the Arbitration Act 1996 (AA 1996). The consultation is part of a wider project requested by the MoJ in March 2021 to review AA 1996 and ensure it remains up to date. This is the second consultation paper into AA 1996 as part of the project. The second consultation closed on 22 May 2023. On...

Stay of proceedings in favour of arbitration in Singapore

Stay of proceedings in favour of arbitration in Singapore Singapore’s dual arbitration regime Singapore has a dual arbitration regime (as discussed in Dalian Hualiang Enterprise Group Co Ltd v Louis Dreyfus Asia Pte Ltd [2015] 4 SLR 646 at [32] (not reported by UU��ֱ��® UK)).). The Singapore Arbitration Act 2001 (2020 Rev Ed) governs domestic arbitration while the Singapore International Arbitration Act 1994 (2020 Rev Ed.) governs international arbitration, whether seated in Singapore or abroad. Section 5(2) of the IAA sets out when an arbitration is international. Under both section 6 of the AA and section 6 of the IAA, Singapore courts have the power to stay court proceedings when a party to an arbitration agreement commences court proceedings against any other party to the agreement. The exercise of such a power is premised on the fact that an arbitration agreement exists between the two parties and that there is a dispute between the parties which falls within the remit of that arbitration agreement. AA,...

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How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market?

How might the European Commission proposal for new conflict of law rules for assigned claims impact the secondary loan market? Summary This Q&A refers to the European Commission’s proposal for a Regulation on the law applicable to the third-party effects of assignments (the Proposal) published on 12th March 2018, which could have an impact on the market for trading participations in syndicated and bilateral loans. Both of the Loan Market Association (LMA) and the City of London Law Society made representations asking for the Proposal to be shelved or at least amended to accommodate current market practice in the secondary loan market. Their representations are available on their respective websites. It is fair to say that in its original form the Proposal would have disrupted the secondary loan market by making due diligence on the part of a buyer much more complicated for the reasons given below. The UK indicated on 9 July 2018, shortly after publication of this Q&A, that it would not opt in...

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally?

In light of coronavirus (COVID-19), is arbitration preferable over litigation as a method of dispute resolution given the increased flexibility inherent in arbitration proceedings generally? Clare Ambrose, Twenty Essex This is a ‘once in a generation’ challenge. We will see over the next months how the court system and the arbitration community respond. Arbitration is more flexible, and it is already common for directions to be made electronically, CMCs to be heard by telephone and disputes to be resolved by documents only. It is hoped that arbitration will be agile to meet the needs of parties. If so, and virtual hearings (or even partially virtual hearings) start to work well, then they will become an attractive feature. Corporations weathering this crisis will be mindful of resilience for the next one. Arbitration will be attractive if it is seen to work in times of crisis. If it becomes cheaper and more sustainable too then that must be a bonus. Hamish Lal, Akin Gump The tangible and significant impacts of...

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What’s in a name—court clarifies emergency arbitration decision is an ‘Order’ and not an ‘Award’ (Ashok Kumar Goel and Vyoman India v EbixCash and others)

Arbitration analysis: The Bombay High Court allowed the petitioner’s interim relief application under section 9 of the Arbitration and Conciliation Act 1996 (Arbitration Act), directing the respondents to furnish an irrevocable bank guarantee for the sum of INR 145 crore. After an arbitral award, interim reliefs granted by the Delhi High Court, an emergency arbitration decision (EA Decision), and the arbitral tribunal’s order, the respondents’ failure to abide by the decisions led the petitioners to file the present application. The court recognized the distinction between an ‘award’ and an ‘order’ by rejecting the respondents’ contention that the EA Decision was an award that had to be enforced under Part II of the Arbitration Act. The court held that the objective of section 9 is to not defeat the purpose of arbitration but recognize party autonomy as the bedrock of arbitration. This decision sheds light on the binding nature of an emergency arbitration decision by classifying it as ‘order’ and the recourse available for interim relief even in international commercial arbitrations....

Ten years of the HCCH Principles on Choice of Law in International Commercial Contracts—a decade of legal impact

Dispute Resolution analysis: The Principles on Choice of Law in International Commercial Contracts (HCCH Principles) deal with questions of private international law (conflict of laws) on contracts. Introduced a decade ago, Professor Daniel Girsberger and Agatha Brandão de Oliveira of the University of Lucerne look at the impact of the principles in that time.

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