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Article 18 - Equal Treatment of Parties

Published online by Cambridge University Press:  18 February 2020

Ilias Bantekas
Affiliation:
Hamad Bin Khalifa University, Qatar
Pietro Ortolani
Affiliation:
Radboud Universiteit Nijmegen
Shahla Ali
Affiliation:
The University of Hong Kong
Manuel A. Gomez
Affiliation:
Florida International University
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Summary

From a methodological point of view, this chapter adheres to the distinction between equality and the right to an opportunity to present one’s case. Functionally, however, these are not distinct rights. They are part of the right to fair trial and its equality of arms limb. This suggests that the parties to civil/arbitral proceedings must be afforded equal opportunities, including the right to present their case to the best of their abilities. Significant reliance is placed in this chapter on the case law of the European Court of Human Rights (ECtHR). This is done for a variety of reasons. First, its right to fair trial jurisprudence is the most extensive among its international counterparts. Second, to a large extent it reflects customary international law and general principles of law. Third, it is part of the lex arbitri of over fifty member States of the Council of Europe, which constitute a bulk of the globe’s arbitration seats, not to mention that it may also be an integral part of the governing law of the parties’ agreement (for Council of Europe member States).

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Publisher: Cambridge University Press
Print publication year: 2020

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