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Human rights, arbitration and ADR

By: Contributor(s): Series: Solicitors' Journal ; 144(45) 1 December 2000, 1094-1095(2)Publication details: 2000Subject(s): Summary: 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.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS63294 (Browse shelf(Opens below)) 1 Available 110157-1001

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.