This chapter looks at the relevance of the European Convention on Human Rights to the practice of international commercial arbitration. It examines the manner in which the European Convention has been utilised to review arbitration proceedings and support enforcement of awards. The chapter suggests that there has been an evolution in the jurisprudence of the Strasbourg organs. If in Nordström, the Commission held that an arbitration agreement per se constituted a full waiver of Article 6, more recently, the European Court in Souvaniemi, consolidated the consensus today that a complete waiver of Article 6 (1) is not permissible. The chapter provides an analysis of the key notions of voluntary and compulsory arbitration in the jurisprudence, and the applicability of Article 6(1) in relation to arbitral proceedings, as well as an examination of the growing case-law under Article 1, Protocol 1, to enforce arbitral awards.
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your Elgar Online account
-
Front Matter
-
PART I: THE PRE- AND THE POST-AWARD STAGE IN INTERNATIONAL COMMERCIAL ARBITRATION VIS-À-VIS EU LAW AND THE EUROPEAN ATTITUDE TOWARD ANTI-SUIT RELIEF
-
PART II: SELECTED AREAS OF INTERSECTION BETWEEN EU LAW AND INTERNATIONAL COMMERCIAL ARBITRATION
-
PART III: INTERSECTIONS BETWEEN INTERNATIONAL INVESTMENT ARBITRATION AND EU LAW
