The Right to a Fair Trial and The Arbitration Act 1996: Apparent Conflicts Leave the English Courts Unmoved

Abstract

Parties to commercial arbitration agreements may adopt procedures that apparently con.ict with the right to a fair trial provided for in Article 6 of the European Convention of Human Rights. This has led to a number of attempts by disgruntled parties to undermine either the arbitration agreement or, having lost the arbitration, the award itself on the basis of arguments regarding Article 6. The English courts have followed European jurisprudence that established that Article 6 is deemed a waiver of Article 6 rights, the leading case being Stretford v Football Association Ltd. Recent judgments following Stretford have served only to strengthen the authority of the Arbitration Act 1996 and the principle of party autonomy that lies at the heart of arbitration.