Party Autonomy in International Commercial Arbitration: A Look at Freedom, Delimitation and Judicialisation

This article explores some of the realities of the party autonomy which forms the foundation of international commercial arbitration, in a theoretical as well a pragmatic light. The authors outline the importance of autonomy, as well as its limitations. They also raise concerns about how flexible arbitration really is, in light of the problem of judicialisation and the heavy institutional frameworks around the arbitration industry, in an effort to portray the promise of how flexible arbitration can be.