La Cour européenne des droits de l’homme et l’arbitrage - b-Arbitra | Belgian Review of Arbitration View La Cour européenne des droits de l’homme et l’arbitrage by Jean-Paul Costa - b-Arbitra | Belgian Review of Arbitration La Cour européenne des droits de l’homme et l’arbitrage Jean-Paul Costa 2019 2

Summary

 

The European Court of Human rights is an international Court, created in 1950 under the aegis of the Council of Europe. The Court applies the European Convention on Human rights, a Treaty which obliges the 47 member States, under its judicial review, to respect the rights and liberties enumerated in the Convention. One of them is the right to a fair trial. Even if Arbitration as such was not considered by the text, the Court’s case-law, which is analysed in this article, has progressively extended the application of the Convention to Arbitration, which ought to abide by the essential rules of a fair trial. In the future, it is more likely that Arbitration will develop; but it will have to self-discipline itself in order to avoid the risk of its awards being quashed.

b-Arbitra | Belgian Review of Arbitration