Party Autonomy versus Autonomy of Arbitrators

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The second volume of the Czech (& Central European) Yearbook of Arbitration (CYArb) continues to explore the friction between arbitration as an alternative dispute resolution mechanism and state-organized court proceedings. It emphasizes the autonomy of parties in establishing dispute resolution methods, contrasting with the strict rules and obligatory jurisdiction of courts that ensure fundamental rights protection. The core focus is on the principle of autonomy, which underpins arbitration, allowing parties the freedom to choose their dispute resolution approach. This autonomy fosters an informal relationship among participants, granting arbitrators or arbitral tribunals flexibility in managing disputes, whether in ad hoc or institutional settings. The CYArb project seeks to identify potential pitfalls related to the autonomy of parties in various arbitral proceedings, analyzing its role as a guiding principle in ADR mechanisms and its interaction with different national and international approaches. This topic presents a rich array of issues for both practical and academic examination. The project is conceptually linked to the Czech Yearbook of International Law (CYIL), with the third volume of CYIL in preparation. The CYArb volume will be published in English, with abstracts available in several languages including Czech/Slovak, French, German, Polish, Russian, and Spanish.