Limits to Party Autonomy in Appointing Counsel in International Commercial Arbitration

Abstract

The right of a party to appoint its own counsel is an integral aspect of party autonomy and one of the fundamental rights enjoyed by the parties in international arbitration. However, party autonomy is not absolute and has its limitations. This article discusses whether the parties are free to appoint their legal counsel or face any applicable restrictions when making such appointment. The article invites a discussion on an existence of the immutability principle in international commercial arbitration and its tension with party autonomy in the selection of legal counsel (if any). Finally, the article proposes possible solutions for regulation of a party’s right to appoint a counsel of choice. international commercial arbitration, party autonomy, due process, right to appoint a counsel, arbitral tribunal, immutability principle, inherent powers, IBA Guidelines on Party Representation in International Arbitration, LCIA Rules: General Guidelines for the Authorised Representatives of the Parties, disqualificationMikhail Batsura