WAIVER IN ARBITRAL PROCEEDINGS AND LIMITATIONS ON WAIVER
WAIVER IN ARBITRAL PROCEEDINGS AND LIMITATIONS ON WAIVER

Summary/Abstract: Focusing on waiver and on the limitations on waiver, the article starts with the principle itself, which has several articulations, including waiver. The question is raised whether it is necessary to give legislative expression to this principle, and it is noted that a growing number of legislative acts and arbitration rules devoted specific provisions to waiver (and these were typically guided by formulations adopted in UNCITRAL enactments). Attention has been devoted to the specific scope of legislative and institutional rules dealing with waiver. The main part of the article deals with limitations on waiver, and considers this question in juxtaposition with the impact of waiver on the existence and weight of the impairment which is at issue. The (un)fairness of a stipulation or (un)fairness of disregard of a proper stipulation is influenced by waiver. The impact of an unfair stipulation may change if it is followed by waiver. What needs to be assessed is the character of a situation ensuing after waiver (or after revocation of waiver).

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