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2017-2018 ALSA 60 (2017-2018)
Party Autonomy in the International Commercial Arbitration: A Critical Evaluation of Its Ambits and Limits

handle is hein.journals/alsacdmj5 and id is 73 raw text is: PARTY AUTONOMY IN THE INTERNATIONAL COMMERCIAL ARBITRATION: A CRITICAL EVALUATION OF ITS AMBITS AND LIMITS Md. Pizuar Hossain ABSTRACT The recent economic growth of the international trade and commerce has drawn the attention in the creation and amendment of various international commercial arbitration laws, principles, and regulations. Like the principle of party autonomy, many well-recognized doctrines have emerged so far. This principle broadens the freedom of the parties to essentially determine laws, arbitrators, place of arbitration, etc. However, certain restrictive principles have been developed which limit its application. This paper mainly endeavours to portray a critical evaluation of such influences and bounds of the party autonomy focusing on the relevant laws. Keywords: Party Autonomy, International Commerce, Private Resolution, Public Policy, State Sovereignty, Bangladesh. I. INTRODUCTION During the 16th century, Charles Dumoulin, a French Scholar, claimed that the will of the parties was sovereign in case of contracts.' This advancement is purported to be the origin of the concept of party autonomy principle providing a wide liberty to the parties of a contract i Md. Pizuar Hossain is working as a Lecturer at the Department of Law, East West University, Dhaka, Bangladesh. He has pursued his LL.B. (Hons.) degree from BRAC University, Dhaka, Bangladesh and achieved the Vice Chancellor's Medal award. He has completed his LL.M. degree from the East West University, Dhaka, Bangladesh and achieved the Chancellor's Gold Medal award. 'Mo Zhang, Party Autonomy and Beyond. An International Perspective of Contractual Choice ofLaw, (20th Emory International Law Review, 2006) pg. 511, 516.

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