Author: Sree Bhavan P S, Student at Bennett University, Greater Noida
The relevance and ramifications of Article 5 of the United Nations Convention on International Commercial Arbitration (UNCITRAL) are examined in this paper. Article 5 outlines the core idea of party autonomy in arbitration agreements, with a focus on the parties’ autonomy to choose the procedural rules controlling their dispute settlement and the jurisdiction of the arbitral tribunal. This phrase emphasises the independence and adaptability that parties have when drafting arbitration agreements, encouraging a party-centred method of resolving disputes. This paper explores the main ideas of Article 5, including the competence-competence principle that gives arbitral tribunals the authority to make decisions within their own jurisdiction. It also looks at the limited grounds for national courts’ intervention and their role in upholding the arbitral process.
This paper emphasises the critical role that party autonomy plays in promoting successful and efficient international commercial arbitration by illuminating the subtle aspects of Article 5 and adding to a thorough grasp of UNCITRAL’s framework.
Keywords: Party Autonomy, Arbitral Tribunal, Party-Centric Approach.