Equal treatment of parties in international commercial arbitration
<p>Although fair trial guarantees have always been recognised as constituting an integral aspect of international arbitral proceedings, this has largely been viewed through the lens of civil procedure rather than as a matter of public law and human rights. This state of affairs has further bee...
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2020
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| _version_ | 1864513563300724736 |
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| author | Ilias Bantekas (14722514) |
| author_facet | Ilias Bantekas (14722514) |
| author_role | author |
| dc.creator.none.fl_str_mv | Ilias Bantekas (14722514) |
| dc.date.none.fl_str_mv | 2020-08-24T00:00:00Z |
| dc.identifier.none.fl_str_mv | 10.1017/S0020589320000287 |
| dc.relation.none.fl_str_mv | https://figshare.com/articles/journal_contribution/Equal_treatment_of_parties_in_international_commercial_arbitration/22032431 |
| dc.rights.none.fl_str_mv | CC BY 4.0 info:eu-repo/semantics/openAccess |
| dc.subject.none.fl_str_mv | Law and legal studies International and comparative law private international law fair trial rights in private sphere equal treatment set aside proceedings international commercial arbitration |
| dc.title.none.fl_str_mv | Equal treatment of parties in international commercial arbitration |
| dc.type.none.fl_str_mv | Text Journal contribution info:eu-repo/semantics/publishedVersion text contribution to journal |
| description | <p>Although fair trial guarantees have always been recognised as constituting an integral aspect of international arbitral proceedings, this has largely been viewed through the lens of civil procedure rather than as a matter of public law and human rights. This state of affairs has further been compounded by the confidential nature of arbitration and the relative scarcity of set aside (annulment) proceedings before the courts of the seat of arbitration on the grounds of unequal treatment, and before human rights bodies such as the European Court of Human Rights. Moreover, it has always been difficult to reconcile contractual freedom and the advantages offered by arbitration with equal treatment and fair trial claims. This article demonstrates the existence of a set of general principles concerning the meaning and content of equal treatment, which are consistent with its commercial (and civil procedure) and human rights dimensions. The basis of this conclusion is Article 18 of the UNCITRAL Model Law on International Commercial Arbitration, as consistently interpreted and adapted by local laws and judgments, arbitral statutes and determinations by the European Court of Human Rights.</p> <h2>Other information </h2> <p>Published in: International & Comparative Law Quarterly<br> License: <a href="http://creativecommons.org/licenses/by/4.0" target="_blank">http://creativecommons.org/licenses/by/4.0</a><br> See article on publisher's website: <a href="http://dx.doi.org/10.1017/S0020589320000287" target="_blank">http://dx.doi.org/10.1017/S0020589320000287</a> </p> |
| eu_rights_str_mv | openAccess |
| id | Manara2_44b3a326795ed0933763343ca41b54f2 |
| identifier_str_mv | 10.1017/S0020589320000287 |
| network_acronym_str | Manara2 |
| network_name_str | Manara2 |
| oai_identifier_str | oai:figshare.com:article/22032431 |
| publishDate | 2020 |
| repository.mail.fl_str_mv | |
| repository.name.fl_str_mv | |
| repository_id_str | |
| rights_invalid_str_mv | CC BY 4.0 |
| spelling | Equal treatment of parties in international commercial arbitrationIlias Bantekas (14722514)Law and legal studiesInternational and comparative lawprivate international lawfair trialrights in private sphereequal treatmentset aside proceedingsinternational commercial arbitration<p>Although fair trial guarantees have always been recognised as constituting an integral aspect of international arbitral proceedings, this has largely been viewed through the lens of civil procedure rather than as a matter of public law and human rights. This state of affairs has further been compounded by the confidential nature of arbitration and the relative scarcity of set aside (annulment) proceedings before the courts of the seat of arbitration on the grounds of unequal treatment, and before human rights bodies such as the European Court of Human Rights. Moreover, it has always been difficult to reconcile contractual freedom and the advantages offered by arbitration with equal treatment and fair trial claims. This article demonstrates the existence of a set of general principles concerning the meaning and content of equal treatment, which are consistent with its commercial (and civil procedure) and human rights dimensions. The basis of this conclusion is Article 18 of the UNCITRAL Model Law on International Commercial Arbitration, as consistently interpreted and adapted by local laws and judgments, arbitral statutes and determinations by the European Court of Human Rights.</p> <h2>Other information </h2> <p>Published in: International & Comparative Law Quarterly<br> License: <a href="http://creativecommons.org/licenses/by/4.0" target="_blank">http://creativecommons.org/licenses/by/4.0</a><br> See article on publisher's website: <a href="http://dx.doi.org/10.1017/S0020589320000287" target="_blank">http://dx.doi.org/10.1017/S0020589320000287</a> </p>2020-08-24T00:00:00ZTextJournal contributioninfo:eu-repo/semantics/publishedVersiontextcontribution to journal10.1017/S0020589320000287https://figshare.com/articles/journal_contribution/Equal_treatment_of_parties_in_international_commercial_arbitration/22032431CC BY 4.0info:eu-repo/semantics/openAccessoai:figshare.com:article/220324312020-08-24T00:00:00Z |
| spellingShingle | Equal treatment of parties in international commercial arbitration Ilias Bantekas (14722514) Law and legal studies International and comparative law private international law fair trial rights in private sphere equal treatment set aside proceedings international commercial arbitration |
| status_str | publishedVersion |
| title | Equal treatment of parties in international commercial arbitration |
| title_full | Equal treatment of parties in international commercial arbitration |
| title_fullStr | Equal treatment of parties in international commercial arbitration |
| title_full_unstemmed | Equal treatment of parties in international commercial arbitration |
| title_short | Equal treatment of parties in international commercial arbitration |
| title_sort | Equal treatment of parties in international commercial arbitration |
| topic | Law and legal studies International and comparative law private international law fair trial rights in private sphere equal treatment set aside proceedings international commercial arbitration |