Privātautonomijas ierobežojumi starptautiskajās privāttiesībās: Šķīrējtiesu likuma kontekstā

Abstract

Party autonomy is one of the pillars of arbitration. Throughout the world, arbitration laws typically aim to provide parties with extensive freedom to tailor arbitration procedure to their specific dispute. The Arbitration Law of Latvia radically diverges from this model, as its rules significantly and disproportionally restrict party autonomy. The most notable deviation pertains to the selection of arbitrators. All the permanent arbitration institutions in Latvia must maintain a mandatory list of arbitrators. Parties are only permitted to select arbitrators from those lists. The authors argue that this restriction is disproportionate and does not promote impartial arbitration. Moreover, the mandatory nature of these lists substantially restricts the parties’ ability to select arbitrators with the most pertinent expertise for the specific dispute.