To What Degree Should Access to Justice Be Secured in Arbitration?

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Access to Justice is not a new theme in legal theory and practice, it is a topic that has been subject of extensive academic and policy debate. However, the degree to which access to justice should be secured in arbitration is lacking examination. As arbitration becomes a more popular method of dispute resolution, expanding beyond the commercial circle, it is imperative to look at access to justice in arbitration more widely. Thus, this chapter looks at the general meaning of access to justice to evaluate if and how it can be guaranteed in arbitration. The study is done by scrutinizing the concept of access to justice and contextualizing it to the nature of arbitration. As arbitration is a procedure used to obtain justice, when the discussion about access to justice is taken within arbitration, procedural justice becomes a foundation to evaluate the degree in which access to justice can be guaranteed in arbitration.
Therefore, procedural justice is also assessed together with the concept of access to justice and the nature of arbitration. At this point, a case is made that for access to justice to be guaranteed in arbitration, some form of procedural justice needs to be secured and the degree in which this is assured, will depend on the position and consent given by the parties in the arbitral process.
Original languageEnglish
Title of host publicationAccess to Justice in Arbitration
Subtitle of host publicationConcept, Context and Practice
EditorsLeonardo V P de Oliveira, Sara Hourani
PublisherWolters Kluwer
Number of pages28
ISBN (Print)9789403506913
Publication statusPublished - 13 Nov 2020

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