Human Rights & Arbitration

Parties to a contract containing an arbitration agreement may be surprised to learn that their agreement could be affected by the Human Rights Act 1998. This Act incorporates the provisions of the European Convention on Human Rights (Convention) into UK domestic law.

The Human Rights Act entered into force on 2 October 2000. Although its implications have been widely reviewed little if anything has been written on its potential impact on UK arbitration procedure. It is generally assumed that the Human Rights Act does not apply to arbitration as it is a private dispute resolution mechanism, excluding the public courts, to which the parties consent.

On closer examination, however, there may be some cause for concern when choosing to arbitrate under English law, or for a party seeking to enforce a foreign arbitration award in the UK. Section 6 of the Act imposes a duty on public authorities, including courts and tribunals, to act in a manner compatible with the Convention. One of the rights protected under Article 6 of the Convention is the right to a fair trial, which was the subject...