Abstract:International arbitration is deeply rooted in party autonomy. Parties are free to decide whether they want to resolve their disputes by arbitration at all; how the arbitral proceedings should be conducted; and who their adjudicators should be. While parties to state court litigation may be able to designate a competent court (by way of a choice of court agreement) this freedom usually does not extend to the identity of the individuals who decide their cases. By contrast, it is one of the hallmarks of internati… Show more
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