Arbitration in England and Wales and the European Convention on Human Rights should arbitrators be frightened?
Language: English Series: Arbitration ; 73(3) August 2007, 262-268(7) Publication details: 2007Subject(s):- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
- CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 1
- HUMAN RIGHTS ACT 1998 S6
- HUMAN RIGHTS ACT 1998 S3
- ARBITRATION ACT 1996
- England and Wales -- 1543-
- MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L140000 (Browse shelf(Opens below)) | 1 | Available | 140000-1001 |
Considers the applicability of the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 to arbitration. Notes that two sections of the 1998 Act are of key importance to arbitrators; s6 and s3. Provides an interpretation of the ECHR Art 6, discusses waiving Art 6 rights when parties enter into an arbitration agreement, and looks at Art 6 and the Arbitration Act 1996. Also examines the scope of the ECHR Art 1 in relation to arbitration. Concludes that arbitrators should not be wary of the ECHR, as they already strive to comply with the basic principles of fairness and impartiality. Case law.