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Due Process Paranoia in Arbitral Proceedings: Myth or Reality?

Journal article | September 2020 | Available for purchase & free for members

Abstract

Arbitration is a means of resolving disputes pursuant to an arbitration agreement. It is driven essentially by the ‘principle of party autonomy’ under which the parties are free to agree on how the arbitral proceedings are to be conducted subject to mandatory legal provisions. The arbitral tribunal is duty bound to maintain a delicate balance between the parties, ensure procedural fairness and publish a legally enforceable award. Any infraction of this duty may lead to applications made to court to challenge the award. This creates apprehension, anxiety and fear in the mind of the arbitrator – due process paranoia. Is the paranoia real or imaginary?

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Thanks

We thank the authors of this article Paul Obo Idornigie, Enuma U Moneke, Ogochukwu Juliet Mgbakogu and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Due process, Dispute resolution, legislation, appeals, arbitration