Human rights, arbitration and ADR
Newmark, C
Human rights, arbitration and ADR - 2000 - Solicitors' Journal 144(45) 1 December 2000, 1094-1095(2) .
Considers the approach courts may take to the application of the Human Rights Act 1998 on arbitration and alternative dispute resolution and whether parties to an arbitration, adjudication or mediation have less protection from the 'right to a fair trial' introduced by the HRA and Article 6(1). Looks at the implication of Article 6(1) and HRA on arbitration, adjudication and mediation, along with the duties of the arbitrator and an enforcing court. Concludes that discussions of the implication of the HRA are being approached with commonsense but that there are still unanswered questions which go beyond the impact on arbitration and ADR. Meanwhile English law will come to contain new standards of fairness which will inform the dispute resolution process.
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
MEDIATION
ENGLISH LAW
Human rights, arbitration and ADR - 2000 - Solicitors' Journal 144(45) 1 December 2000, 1094-1095(2) .
Considers the approach courts may take to the application of the Human Rights Act 1998 on arbitration and alternative dispute resolution and whether parties to an arbitration, adjudication or mediation have less protection from the 'right to a fair trial' introduced by the HRA and Article 6(1). Looks at the implication of Article 6(1) and HRA on arbitration, adjudication and mediation, along with the duties of the arbitrator and an enforcing court. Concludes that discussions of the implication of the HRA are being approached with commonsense but that there are still unanswered questions which go beyond the impact on arbitration and ADR. Meanwhile English law will come to contain new standards of fairness which will inform the dispute resolution process.
HUMAN RIGHTS ACT 1998
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
MEDIATION
ENGLISH LAW