Possibilities and Limits of Implementation by the Parties of the Arbitration Agreement and the Principle of Autonomy of Will: Current Trends

Abstract

The article analyzes the principle of the autonomy of the will, which is fundamental in the regulation of the settlement of disputes arising from the foreign economic relations of the parties. The most important principle under consideration, in particular, allows the parties to decide which law will be applied to regulate their relationship and which court or arbitration will be given the competence to resolve their disputes. The authors note the tendency of the legislative sphere and law enforcement practice to give the parties as much freedom as possible when concluding and implementing the terms of an arbitration agreement. This, of course, increases the possibility of implementing the principle of autonomy of the will of the parties. The authors come to the conclusion that there is also a tendency to form more specific limits of the autonomy of the will when concluding an arbitration agreement. The article analyzes the materials of the judicial and arbitration practice of the Russian jurisdiction, when the autonomy of the will at the conclusion of an arbitration agreement is limited. The authors highlight the criteria for the possibility of applying an arbitration agreement-validity and enforceability, the practice of which is quite contradictory.