Legal Mechanismes of E-Democracy for Ensuring of Independence and Impartiality of Arbitrators in the Light of International Practice

Abstract

E-democracy is becoming increasingly important trend in the world of legal and political practice. In 2009, the European Council has identified in its recommendation to the role and place of e-democracy as a means to strengthen the existing system of democracy by increasing public participation and ensuring access to the democratic process. As one of the areas of e-democracy, the Council of Europe highlighted the e-justice system. E-justice involves the creation of a transparent, accountable and independent judiciary based on electronic workflow. Questions the impartiality and independence of the arbitrators are key to any trial, including arbitration. Ensuring fair and independent trial, as in the system of arbitration courts, and in the system of state arbitration courts is often seen as a factor for the investment attractiveness of the business, as an impartial and independent judicial proceedings obviously gives us confidence in the future. The author of this paper tried to evaluate the legal perspectives of e-justice in ensuring the impartiality and independence of the arbitrators based on international experience and legal positions of the European Court of Human Rights.