Fair Arbitration in International Disputes From A Human Rights Perspective: With an Overview of Arbitration in the Maritime Environment

Today, arbitration has become the most popular means of resolving maritime ‎disputes. Arbitration as a binding dispute resolution method is proposed and ‎recognized in the seventh appendix of the ۱۹۸۲ Convention on the Law of the ‎Sea.‎ One of the important requirements of arbitration is the observance of fair ‎proceedings, which according to the New York Convention of ۱۹۵۸ and the ‎European Convention on Human Rights, is under judicial supervision at the ‎stage of identifying and implementing arbitration decisions and at the stage of ‎protesting the arbitration decision.‎ Considering that arbitration is a type of ‎private judgment, it is required to observe fair proceedings, as a human right, ‎therefore, identifying the fair arbitration and guaranteeing the implementation ‎of its non-compliance is of great importance.‎ Identifying the principle of fair ‎arbitration as a human right and guaranteeing its non-compliance in various ‎cases, in order to violate the human rights of the parties, needs to be read.‎ In the ‎current research, with the analytical and descriptive method and using library ‎sources and judicial procedure and according to the basics of human rights and ‎international documents as well as international judicial procedure, the ‎principle of fair arbitration to It has been recognized as an inalienable human ‎right.‎ And it can be said: the agreement on the cancellation of the right to object ‎to the arbitration award has no effect on the possibility of requesting the ‎annulment of the arbitration award due to non-compliance with the principles ‎of fair arbitration. The request to cancel the arbitrator's decision that is outside ‎the deadline can also be accepted by relying on the principles of fair arbitration, ‎and in case of a request to implement the arbitrator's decision, the arbitrator's ‎decision will not be able to be recognized and implemented.‎

کلیدواژه ها:

maritime arbitration ، Human rights ، right to a trial ، Non-waivable rights ، fair arbitration.‎