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11 January 2007 / Khawar Qureshi KC
Issue: 7255 / Categories: Features , Human rights
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Arbitration and Article 6

Khawar Qureshi QC examines recent case law testing the impact of human rights on the arbitral process

 In the context of party choice—one of the twin pillars of the Arbitration Act 1996 (AA 1996), the other being finality of process—there remains a tension
between ‘ring fencing’ the arbitral process and the extent to which fundamental principles of justice can or should be excluded from that process by the parties choosing to opt out from them. There is a compelling point of principle that arbitration has evolved as a process by virtue of a ‘concession’ by the state to enable parties to contract out of the court process for reasons of commercial expediency.

It is strongly argued by many that arbitration should always be subject to the fundamental principles which underpin most domestic legal systems and ultimately reflect the rule of law—and should not, as some contend, be a process which is totally detached from those fundamental principles. In this
regard, it should be remembered that recourse to domestic legal systems is ultimately the

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NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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