Equal Treatment of Parties in International Commercial Arbitration

Bibliographic Data

ID9928519
AuthorsIlias Bantekas (0000-0002-4207-2278, Qatar Foundation, corresponding author)
Year2020
Volume69
Issue4
Pages991-1011
Publication date2020-10-01
Open AccessYes
TypeARTICLE
VenueInternational and Comparative Law Quarterly (JOURNAL)
Journal identifiersISSN: 0020-5893 • E-ISSN: 1471-6895
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0020589320000287
OpenAlexW3080929271
LanguageEN
Citations received2
References cited11

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

Annulment · Arbitration · Human rights · Law and economics · Meaning (existential · Political science · Sociology · Statute · Corporate Law and Human Rights · Dispute Resolution and Class Actions · International Arbitration and Investment Law · Law · Psychology

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