PARTY AUTONOMY DOCTRINE IS THE CORNERSTONE OF ARBITRAL PROVISIONAL MEASURES

Abstract

International arbitration is based upon the parties „consent and not surprisingly the
arbitration agreement is considered by leading commentators to be the foundation
stone of international arbitration. Arbitration is a consensual process based the
doctrine of party autonomy. It‟s a truism of arbitration law that arbitration is a
creature of party choice. This feature reinforces the contractual basis of arbitration
and is reflected in the vasty majority of international conventions, national laws and
institutional laws; therefore party autonomy is considered one of the most doctrines in
international arbitration. Since parties agree that all current “compromis” and future
“clause compromissoire” disputes should be solved through arbitral proceedings,
there is no reason as to why all provisional measures emanating from arbitration
agreement should not be granted by a competent arbitration tribunal. It should
however, be noted that this is not always the case. Although party autonomy is the bible
in arbitral proceedings, it has limitations.1 This article examines the role played by
doctrine of party autonomy in granting arbitral measures with a view of providing
recommendations where there gaps in the law of England. The article will focus on
source of jurisdiction and advantages of party autonomy