What is the definition of “party autonomy” in arbitration?
Party autonomy is a concept in arbitration law in the District of Columbia that allows the parties in dispute to determine how the arbitration process is conducted. This autonomy gives the parties in dispute the freedom to determine the qualifications of arbitrators, the language to be used in the arbitration, the place and procedural rules of the arbitration, the means of communication between the parties and the arbitrators, the jurisdiction of the arbitrators, and any other related matters. Essentially, party autonomy means that the parties can tailor the arbitration process to best suit their needs. Party autonomy is not an absolute concept; some matters are still subject to the oversight of the District of Columbia courts. Examples include the length of the proceedings, the criteria for awarding costs, proper notice requirements, and the use of interpreters. The overarching principle is that the parties are given the power to determine how the dispute is dealt with, within the limitations of District of Columbia law. Party autonomy is an important aspect of arbitration law in the District of Columbia because it allows the parties to customize the process to best resolve their position. This autonomy allows the parties to decide the qualifications of the arbitrators as well as any procedural rules that should be followed. Additionally, it encourages settlement by providing the parties with an opportunity to come up with alternative solutions that suit their interests, rather than having to accept a decision imposed by an outside authority.
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