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Showing posts from August, 2021

Fair trial, the ECHR, and arbitration: a questionable approach

In a blog post of a few months ago , I questioned the international character of international commercial arbitration in light of the distinctive features of arbitration that emerged, at the national level, from our interviews. Indeed, the term "international commercial arbitration", in legal jargon, indicates a form of arbitration described in the most used teaching handbooks. Such form of arbitration, however, is characterized not only by the international character of the dispute, but also by a number of procedural aspects, principles and interpretative practices that are, in fact, specific of a minority of arbitration proceedings heard by a relatively small and exclusive group of practitioners, and mostly run in the main commercial arbitration hubs - especially Paris, London, Stockholm, Milan, Geneva, and New York. Together with this minority of high-profile cases, the realm of arbitration is widely populated by a large majority of international and domestic proceedings i...