The right to due process is an important part of both civil and arbitration proceedings. However, this basic right is protected in different ways and even the mechanisms for checking whether the process adhered to the due process rules are different. For standard civil proceedings in Europe, European Court for Human rights is the final body which decides whether the rules on due process were adhered to. Commercial arbitration does not have a mechanism for checking whether the proceedings were justly carried within itself, therefore it is checked within the enforcement proceedings which are in most states covered by the New York Convention. In investment arbitration, the adherence to due process will be analyzed within the annulment proceedings. The thesis "Right to Due Process: the comparison of arbitration and human rights case law" deals with the question whether the argumentation of the European Court of Human Rights in its rich case law can be used on arbitration cases where the accessibility of case law is problematic. First, the thesis looks at whether there is a standard of the protection of due process in arbitration and according to the European Court for Human Rights. This thesis further deals with the direct or indirect use of the European Charter on Human rights for arbitration. For the...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:337244 |
| Date | January 2015 |
| Creators | Hlaváčová, Anna |
| Contributors | Balaš, Vladimír, Faix, Martin |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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