Skip to main content Accessibility help
×
Hostname: page-component-586b7cd67f-g8jcs Total loading time: 0 Render date: 2024-11-25T04:25:09.463Z Has data issue: false hasContentIssue false

37 - The Principle of Equal Treatment in International Arbitration

from Part VII - Procedural Questions in Arbitration

Published online by Cambridge University Press:  18 February 2023

Stefan Kröll
Affiliation:
Bucerius Law School, Rechsanwalt Kröll
Andrea K. Bjorklund
Affiliation:
McGill University, Montréal
Franco Ferrari
Affiliation:
New York University
Get access

Summary

This chapter offers a contribution to the discourse on procedural equality in international arbitration by explaining its interaction with other basic norms that govern the arbitral process and proposing a framework to assess equality claims.The principle of equal treatment or procedural equality is a core adjudicative ideal that has a long history dating as far back as the Magna Carta Libertatum. Together with the right to an impartial and independent tribunal and the right to be heard, the principle of equal treatment provides a foundation for the arbitral process that is essential to ensure its legitimacy. The principle of equal treatment pervades every aspect of the arbitral process and must be given due regard at each stage of the proceedings: at the stage of tribunal constitution, when joining additional parties, allocating time, determining the scope of privilege or allowing non-disputing third parties to intervene, among others. While the importance of procedural equality in international arbitration is today well-established, less attention has been paid to how claims of equality ought to be assessed. Drawing on jurisprudence on equal treatment protections in international human rights law, this chapter proposes a two-step inquiry that first considers whether there is a rational basis for any differentiated treatment between the parties, before analysing whether the differentiated treatment creates an unfair disadvantage.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×