Individual Applications to the ECtHR for Violations of the Right to a Fair Trial in Arbitration Proceedings

Individual Applications to the ECtHR for Violations of the Right to a Fair Trial in Arbitration Proceedings

Blog Article

Arbitration serves as an alternative dispute resolution mechanism that has developed with the leniency afforded by state courts.Individuals resort to arbitration due to its manifold advantages.Opting for arbitration reduces the influence of state courts in dispute resolution.However, given that arbitration proceedings are adversarial and binding on the parties, the expectation for a fair resolution persists.At the heart of this expectation is the right to a fair trial, arguably Respiratory Accessories one of the most fundamental rights in contemporary judicial processes.

Since arbitration provides for a mechanism independent of the state proceedings, questions arise as to whether arbitration proceedings are bound by the right to a fair trial and, if so, which authorities can be invoked in the event of its violation.In order to examine such questions, it is first necessary to determine whether the alleged violation of the right to a fair trial in arbitration proceedings can be brought before the European Court of Human Rights.For this assessment, it is necessary to analyse the criterias of admissibility set out in Articles 34-35 of the ECHR with respect to arbitral proceedings.Only two of these criteria require a different assessment in arbitral proceedings.Accordingly, our analysisislimited to the ratione personae and ratione loci jurisdiction of the ECHR.

The ratione personae of the ECHR determines who can be the applicant and against which state the application can be brought.The ratione loci of the ECtHR, on the other hand, determines in which jurisdiction or on which territory the act that is the subject of the violation took place.Accordingly, this study analyses against which Hockey Sticks - Intermediate state an application for a violation of the right to a fair trial can be made in arbitral proceedings and for which state arbitral proceedings constitute the jurisdiction of the ECtHR in terms of venue.