On a theoretical level, the ultimate source of an arbitral tribunal’s jurisdiction is the parties’ consent to refer disputes to arbitration. The source of authority of individual members of a tribunal to exercise that jurisdiction is more nuanced – especially where, in default of agreement on a tribunal, the national court makes the necessary appointments….
On 30 June 2022, the European Court of Human Rights (“ECtHR” or “the Court”) delivered its judgment in BTS Holding, a.s. v. Slovakia (“BTS”), a case concerning the non-enforcement in Slovakia of a Paris-seated ICC commercial arbitration award. Although there is nothing particularly ground-breaking in the Court’s key findings, the judgment has caught the attention…
The relationship between commercial arbitration and European human rights law raises a number of conceptually difficult issues. How can the State be regarded as responsible at all for conduct of private arbitral proceedings? And how does the concept of an independent and impartial tribunal apply to a decision-making body appointed by the parties themselves? The…
In the wake of BEG (see Part I), what conclusions can we draw about the place of arbitral independence and impartiality in the ECtHR’s Article 6 jurisprudence? State Responsibility and Private Arbitral Proceedings Is a contracting State now in principle answerable under the Convention for the conduct of all private arbitral proceedings taking place…
