What is the definition of “party autonomy” in arbitration?
Party autonomy in arbitration is the right of the parties to the arbitration agreement to mutually decide on certain things in the arbitration. This includes the right to agree on the governing law, the extent to which an arbitrator will be involved in the arbitration and the right to choose the arbitration institution. In Delaware, party autonomy is a cornerstone of the arbitration process. The parties to an arbitration agreement are given the freedom to decide how the arbitration shall be conducted. This includes the power to decide such things as the appointing body, number and qualifications of the arbitrators, the location of the arbitration, the language of the arbitration, and the process and procedure applicable to the dispute. The principle of party autonomy is critical to the arbitration process. It allows the parties to customize their arbitration in a way that suits the particular facts and circumstances of the dispute. It also encourages the parties to invest the time and resources to ensure that their chosen arbitration procedure is fair and equitable. In Delaware, the Delaware Code on Arbitration provides for party autonomy by ensuring that the parties can mutually agree on certain things, such as the scope and extent of the arbitration, as well as the number and qualification of the arbitrators. This flexibility allows the parties to customize the arbitration process to best suit their particular needs and interests.
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