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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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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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