The Binding Nature of Arbitration Clauses: A Case for Procedural Discipline in Institutional Arbitration, Confirmed by the High Court
One of the most celebrated features of arbitration is party autonomy—the freedom of parties to determine how their disputes should be resolved, including who will resolve them. But a critical question remains unresolved in the minds of many arbitration practitioners: Can a party, after agreeing to institutional arbitration, later assert an unrestricted right to appoint an arbitrator of its own […]
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