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Arbitration and Human Rights

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Aleksandar Jaksic

The concept of delocalised arbitration tends to evade any active judicial control over arbitral awards at the place of arbitration. The judicial control over arbitral awards is nowadays reduced to the extent of their conformity with transnational public policy. That is the reason why the losing party to the arbitral proceedings tries to invoke the procedural human rights as a minimum protective standard under international human rights law. This study sheds light on the question as to whether international human rights law is to be applied to the international commercial arbitration. Moreover, it specifies some serious violations of procedural human rights occurring in the arbitral process and determines the responsibility of states for tolerating such violations which take place within their jurisdiction.
Contents: Basic Features of Human Rights – Applicability of Human Rights Instruments – Obligation and Responsibility of States – The Right to an Independent and Impartial Arbitral Tribunal – Violations of Procedural Human Rights – Prohibition of Discrimination – Belgian Code Judiciaire and Swiss PIL Act.