The Principle of Party Autonomy in Arbitral Proceedings: A Myth or Reality?


In arbitral enactments modeled after the UNCITRAL Model Law on International
Commercial Arbitration (Model Law Jurisdictions)2, two sections are considered to be the most important provisions, namely, the equal treatment of the parties3 and the parties rights to determine the rules of procedure.4 These provisions are so important that they are referred to as the “Magna Carta of arbitral procedure”.5 Accordingly Article 18 of the Model Law provides that the parties shall be treated with equality and each party shall be given a full opportunity of presenting his case. 

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