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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

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Md. Pizuar Hossain

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
'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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