What is the definition of “party autonomy” in arbitration?
Party autonomy in arbitration is the principle that the parties have the right to decide the rules that will govern the resolution of their dispute. This includes the choice of the arbitrators and the procedural rules that will be used. In South Carolina, parties to an arbitration have the right to negotiate and agree on rules that suit their specific needs, such as the arbitration body, the venue, the language, and the costs. The right to decide how the dispute will be resolved is an important part of party autonomy. This includes choosing the type of procedure to be used during the arbitration, such as mediation, fact-finding, or expert determination. The parties must also decide how the award should be made, including the applicable laws and whether there is a right of appeal. In addition, parties must agree on the selection and appointment of the arbitrators who will hear the case. This includes deciding on the qualifications and experience necessary for the arbitrators, as well as the number of arbitrators and their method of appointment. The concept of party autonomy is intended to create a flexible dispute resolution system that allows parties to negotiate the most efficient and effective rules for resolving their dispute. The exercise of this right helps to ensure fairness and justice, and it is an important part of arbitration law in South Carolina.
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