Legal Mechanisms of E-justice for Ensuring Independence and Impartiality of Arbitrators in Light of International Practice - Czech and Central European Yearbook of Arbitration - Independence and Impartiality of Arbitrators - 2014

Author(s):

Jaroslav Valerievich Antonov

Page Count:

22 pages

Media Description:

1 PDF Download

Published:

February, 2014

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Abstract | E-democracy is becoming an increasingly

important trend in the world of legal and political

practice. In 2009, the European Council identified the

role and place of e-democracy as a means to

strengthen the existing system of democracy by

increasing public participation and ensuring access to

the democratic process. Likewise, the Council of Europe

has highlighted the e-justice system as one of the

important areas of e-democracy. E-justice involves the

creation of a transparent, accountable and

independent judiciary based on electronic workflow.

Questions the impartiality and independence of the

arbitrators are key to any adjudication, including

arbitration. Ensuring a fair and independent

proceeding is often seen as a factor in increasing the

attractiveness of investment by business, as impartial

and independent judicial proceeding gives confidence

in the future. This paper evaluates the legal

perspectives of e-justice in ensuring the impartiality

and independence of the arbitrators based on

international experience and legal positions of the
European Court of Human Rights.