Party autonomy definition

Party autonomy simply means that the parties should be free to select the applicable procedure for arbitration between themselves, and to select individual arbitrators if that is the agreed procedure [Redfern/Hunter, p.187; Born, p.1654; Lew/Mistelis/Kröll, p.36; Waincymer, p.985; 2012 Digest of Case Law, p.59, ¶3]. In this dispute, the Parties did exactly that: they included a specific Arbitration Agreement in their Contract, and each selected one arbitrator in accordance with that Agreement [Letter from Prof. Rizzo, p.32]. ‘Party autonomy’ was duly satisfied.
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Party autonomy means power given to the parties to choose the law that will govern the contract. Party autonomy enhances the predictability and certainty within the parties and also gives recognition to the parties may be in the best position to choose/select/determine the set of legal principles that will be most suitable for their contract.
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Examples of Party autonomy in a sentence

  • Party autonomy is not excluded, but instead gives parties option to express their mutual will by imposing the forums which may be designated.

  • Party autonomy concerning the choice of law can be restricted based on overriding mandatory rules also between the Member States which implemented the directive, although the mutual trust between the Member States should be guaranteed.

  • Distributions after the death of the Participant shall be distributed using the applicable Life Expectancy in Section 10.04(a)(1) above as the relevant divisor without regard to proposed regulations Section 1.401(a)(9)-2.

  • Party autonomy is the rule in the choice of applicable law in pri- vate international contracts (ie, for a French worksite if one or more of the parties to the construction contracts is based out of France or controlled by foreign interests).

  • Party autonomy is not usually respected when it contravenes the overriding mandatory rules of the forum (positive effect) or when the restrictions are necessary for securing the public interest and the fundamental principles of the State (negative effect).169 The international, overriding mandatory rules and the substantive public-policy exception have a common scope: they safeguard the public interests of the forum.

  • Party autonomy, a cornerstone of private international law, emphasises the importance of upholding the presumed intentions of the contracting parties.

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