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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
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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