The ECHR and contractual provisions on dispute resolution

Research output: Other contributionMiscellaneous

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.

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Research areas and keywords

Subject classification (UKÄ) – MANDATORY

  • Law

Keywords

  • Human rights
Original languageSwedish
Number of pages28
Publication statusUnpublished - 2019
Publication categoryResearch