The ECHR and contractual provisions on dispute resolution
(2019)- Abstract
- The right of access to court and the right to a fair trial are fundamental rights guaranteed in all democratic states. The basic ideas are that anyone is entitled to have a dispute heard by a court of law in a procedure that meets certain requirements, i.e., a fair trial, and that the State has a duty to make such judicial dispute-resolution procedures possible. One of the most fundamental legal provisions governing the right of access to court and the right to a fair trial is Article 6 § 1 of the European Convention on Human Rights (ECHR). However, one point of unclarity with respect to that Article is whether it encompasses a right for parties to a contract to make a voluntary and binding waiver of their right of access to court and... (More)
- The right of access to court and the right to a fair trial are fundamental rights guaranteed in all democratic states. The basic ideas are that anyone is entitled to have a dispute heard by a court of law in a procedure that meets certain requirements, i.e., a fair trial, and that the State has a duty to make such judicial dispute-resolution procedures possible. One of the most fundamental legal provisions governing the right of access to court and the right to a fair trial is Article 6 § 1 of the European Convention on Human Rights (ECHR). However, one point of unclarity with respect to that Article is whether it encompasses a right for parties to a contract to make a voluntary and binding waiver of their right of access to court and their right to a fair trial (or, as those rights are often jointly referred to in ECHR contexts, their ‘right to a court’). That issue – whether the right to a court can be waived – is the subject of the present article. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/9d966c1e-1a7b-46f6-8dd8-457e7c527691
- author
- Maunsbach, Lotta LU
- organization
- publishing date
- 2019
- type
- Other contribution
- publication status
- unpublished
- subject
- keywords
- Mänskliga rättigheter, Human rights
- pages
- 28 pages
- language
- Swedish
- LU publication?
- yes
- id
- 9d966c1e-1a7b-46f6-8dd8-457e7c527691
- date added to LUP
- 2019-06-10 11:47:01
- date last changed
- 2022-10-05 12:55:51
@misc{9d966c1e-1a7b-46f6-8dd8-457e7c527691,
abstract = {{The right of access to court and the right to a fair trial are fundamental rights guaranteed in all democratic states. The basic ideas are that anyone is entitled to have a dispute heard by a court of law in a procedure that meets certain requirements, i.e., a fair trial, and that the State has a duty to make such judicial dispute-resolution procedures possible. One of the most fundamental legal provisions governing the right of access to court and the right to a fair trial is Article 6 § 1 of the European Convention on Human Rights (ECHR). However, one point of unclarity with respect to that Article is whether it encompasses a right for parties to a contract to make a voluntary and binding waiver of their right of access to court and their right to a fair trial (or, as those rights are often jointly referred to in ECHR contexts, their ‘right to a court’). That issue – whether the right to a court can be waived – is the subject of the present article.}},
author = {{Maunsbach, Lotta}},
keywords = {{Mänskliga rättigheter; Human rights}},
language = {{swe}},
title = {{The ECHR and contractual provisions on dispute resolution}},
year = {{2019}},
}