Mandatory Rules of Law as a Limitation of Party Autonomy in International Commercial Arbitration (Ukrainian prospective)
Article from: TDM 5 (2005), in Roundup of Articles
Party autonomy enables parties from different states and legal cultures to construct a neutral for dispute resolution that inspires confidence and helps to preserve their relationships. Ukrainian legislation also recognizes party autonomy and provides parties to international transaction with ability to select applicable law to the contract as well as other elements of arbitration procedure. In international arbitration freedom of parties to arbitrate disputes ends where mandatory rules of law begin. Judges of the national court and international arbitrators (Ukrainian ...