The Application and Limitation of the Principle of Party Autonomy in International Commercial Arbitration
Party autonomy between international commercial subjects is affected and restricted by multiple factors such as the standard of arbitrability,the choice of proper law,the jurisdiction of arbitration disputes,and the domestic judicial supervision and review power,which in turn protect the justification of applicable boundaries of the principle of party autonomy from the opposite side.As party autonomy is more and more widely used in solving international commercial disputes,international commercial arbitration should comprehensively consider the applications and restrictions of party autonomy from substantive law to procedural law,appropriately limit the mandatory rules,and give more trust on party autonomy,so that the two can achieve dialectical unity in mutual balance,effectively avoid the legalization of private law,and promote the sustainable development of the economic order of international commercial activities.
international commercial arbitrationparty autonomymandatory rules
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