Article on Due process paranoia in arbitral proceedings Myth or reality

1.0 Introduction

Arbitration is a means of resolving disputes pursuant to an arbitration agreement. One main principle that drives the agreement is the “principle of party autonomy” under which the parties are free to agree on how the arbitral proceedings are to be conducted subject to mandatory legal provisions.2 It is also in exercise of this power that the parties constitute the arbitral tribunal to resolve their dispute.3 Thus, the arbitral tribunal derives its powers from law, rules and the agreement of the parties.

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