Arbitration and the right to a fair trial

Abstract It is a good thing to resolve disputes. Yet arbitration is perceived as being contrary to the right to a fair trial under article 6 of the European Convention on Human Rights. Indeed, the current approach of the courts is to say that an agreement to arbitrate is a waiver of the right to a fair trial. That is factually incorrect and alarming in principle. This article investigates the problem and proposes a new approach. The end result confirms the legitimacy of arbitration and improves our understanding around the independence of arbitrators and the confidentiality of proceedings.