<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Arbitration is a dispute settlement mechanism based on an agreement of the parties. Party autonomy to conclude an arbitration agreement is well established and recognized by the UNCITRAL Model Law on Arbitration and various national laws. However, party autonomy to conclude an arbitration agreement raises certain challenges for protection of human rights. One of them is how an arbitration agreement is compatible with Article 6 of the European Convention on Human Rights, which establishes the right to a fair trial before the state court. Conclusion of an arbitration agreement means that the parties waive their right to submit the dispute to the state court and instead create biding jurisdiction of arbitration court. This waiver of the right to a fair trial before the state court raises questions as to what extent the procedural guarantees of the right to a fair trial are applicable in arbitration court. What are the requirements for such a waiver of the right to a fair trial before the state courts?</p>
</abstract>

Arbitration is a dispute settlement mechanism based on an agreement of the parties. Party autonomy to conclude an arbitration agreement is well established and recognized by the UNCITRAL Model Law on Arbitration and various national laws. However, party autonomy to conclude an arbitration agreement raises certain challenges for protection of human rights. One of them is how an arbitration agreement is compatible with Article 6 of the European Convention on Human Rights, which establishes the right to a fair trial before the state court. Conclusion of an arbitration agreement means that the parties waive their right to submit the dispute to the state court and instead create biding jurisdiction of arbitration court. This waiver of the right to a fair trial before the state court raises questions as to what extent the procedural guarantees of the right to a fair trial are applicable in arbitration court. What are the requirements for such a waiver of the right to a fair trial before the state courts?

Arbitration Agreements and Protection of the Right to a Fair Trial

Ph.D. Candidate; LL.M. Candidate, Mykolas Romeris University

The Graduate Institute Geneva and University of Geneva (joint MIDS programme)

Ph.D. Candidate, Mykolas Romeris University

Ph.D. Candidate; Lecturer, Mykolas Romeris University

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Arbitration Agreements and Protection of the Right to a Fair Trial"}

Arbitration is a dispute settlement mechanism based on an agreement of the parties. Party autonomy to conclude an arbitration agreement is well established and...

Arbitration Agreements and Protection of the Right to a Fair Trial

Publié en ligne: 18 mars 2021

Pages: 159 - 180

Reçu: 23 nov. 2020

Accepté: 30 déc. 2020

DOI: https://doi.org/10.2478/bjlp-2020-0015

Mots clés
Arbitration, party autonomy, right to a fair trial, arbitration agreement, human rights

© 2020 Dalia Višinskytė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Arbitration Agreements and Protection of the Right to a Fair Trial

Publié en ligne: 18 mars 2021

Pages: 159 - 180

Reçu: 23 nov. 2020

Accepté: 30 déc. 2020

DOI: https://doi.org/10.2478/bjlp-2020-0015

Mots clésArbitration, party autonomy, right to a fair trial, arbitration agreement, human rights

© 2020 Dalia Višinskytė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
Arbitration, party autonomy, right to a fair trial, arbitration agreement, human rights