The right to a fair trial in international commercial arbitration

Abstract

The right to a fair trial is relevant and debatable, there are different views of scholars within the legal doctrine and the legal position of the European Court of Human Rights today. The realization and application of such a right is a necessary condition for the establishment of a democratic state. Based on the case law of the European Court of Human Rights on the interpretation of the elements of the right to a fair trial, it can be stated that this interpretation is carried out autonomously and dynamically. The Court in some cases applies the principle of proportionality and discretion. Now there is a different understanding of the relationship between arbitration and the right to a fair trial enshrined in the Convention for the Protection of Human Rights and Fundamental Freedoms. In fact, International Commercial Arbitration is only partially regulated by national law and is more covered either by agreement between the parties or by its own rules. International commercial arbitration is a type of alternative dispute resolution that is relevant from the research point of view, as increasing the effectiveness of alternative methods is an opportunity to relieve the burden on national courts, which in turn improves the procedure of reviewing, resolving and enforcing judgments. The arbitration procedure meets the requirements of paragraph 1 of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, which certify the relevant legal positions of the European Court of Human Rights. Therefore, the parties do not limit themselves in the right to a fair trial when choosing International Commercial Arbitration. There are controversial views on some elements of the right to a fair trial in International Commercial Arbitration. It is the requirement of publicity that causes a different attitude among scholars. Some believe that due to the general requirement of confidentiality, it does not meet the requirements of paragraph 1 of Art. 6 of the Convention, others believe that such a requirement is implemented through arbitration, although not in the classical sense of the law.