Access to Justice in Arbitration: Concept, Context and Practice

Access to Justice in Arbitration

Concept, Context and Practice

Edited by Leonardo V P de Oliveira & Sara Hourani

The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration.

The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following:

• when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged;
• ramifications of arbitration clauses in contracts;
• ensuring fairness and efficiency arising from technological innovations applied to arbitration;
• legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and
• access to justice in arbitrations involving sexual harassment.

The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes.

Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.