Arbitration and the right to a fair trial.

This article examines the perceived conflict between arbitration and the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR). It challenges the courts' prevailing view that agreeing to arbitrate constitutes a waiver of this right, arguing that such a waiver is factually incorrect and legally problematic, especially when arbitration is compulsory rather than voluntary. The article clarifies that arbitration is compatible with Article 6's requirements of an impartial and independent adjudicator and explains that while arbitration is typically private and confidential, this confidentiality is not absolute and can yield to the need for public scrutiny to ensure fairness. Ultimately, it concludes that arbitration is a legitimate form of dispute resolution consistent with the right to a fair trial, enhancing understanding of independence and publicity within Article 6.