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Is or Is Not Article 6 (1) on European Convention on Human Rights Directly Applicable to Arbitration Proceedings?

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ŠIMKOVÁ Iva

Druh Článek ve sborníku
Konference Cofola International 2014
Fakulta / Pracoviště MU

Právnická fakulta

Citace
Obor Právní vědy
Klíčová slova Article 6 (1); ECHR; European Convention on Human Rights; arbitration; human rights; fair trial
Popis This paper focuses on relation of Convention and (only) procedural aspects of arbitration. Paper is not going to answer questions concerning whether and how are arbitrators bounded by Convention when it comes to the merits of a case. In other words, paper will examine whether provision of the Convention are part of lex arbitri. Firstly, it will examine content of Article 6 (1) of Convention and through an analyses of case law of European Court of Human Rights will show how perceiving of relation of the Convention and arbitration was evolving during past years. Secondly, it will describe the scope of obligations of Contracting States regarding arbitration taking place on their territory. Finally, paper will analyse whether we could identify direct applicability of the Convention to arbitral proceeding
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