International Journal of Maritime Policy, Volume (2), No (8), Year (2023-1) , Pages (69-90)

Title : ( Fair Arbitration in International Disputes From A Human Rights Perspective: With an Overview of Arbitration in the Maritime Environment )

Authors: abolghasem rezanejad , Abdollah Khodabakhshi shalamzari , Reza Maboudi Neishabouri ,

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Abstract

Today, arbitration has become the most popular means of resolving maritime ‎disputes. Arbitration as a binding dispute resolution method is proposed and ‎recognized in the seventh appendix of the 1982 Convention on the Law of the ‎Sea.‎‏ ‏One of the important requirements of arbitration is the observance of fair ‎proceedings, which according to the New York Convention of 1958 and the ‎European Convention on Human Rights, is under judicial supervision at the ‎stage of identifying and implementing arbitration decisions and at the stage of ‎protesting the arbitration decision.‎‏ ‏Considering that arbitration is a type of ‎private judgment, it is required to observe fair proceedings, as a human right, ‎therefore, identifying the fair arbitration and guaranteeing the implementation ‎of its non-compliance is of great importance.‎‏ ‏Identifying the principle of fair ‎arbitration as a human right and guaranteeing its non-compliance in various ‎cases, in order to violate the human rights of the parties, needs to be read.‎‏ ‏In the ‎current research, with the analytical and descriptive method and using library ‎sources and judicial procedure and according to the basics of human rights and ‎international documents as well as international judicial procedure, the ‎principle of fair arbitration to It has been recognized as an inalienable human ‎right‏.‏‎ And it can be said: the agreement on the cancellation of the right to object ‎to the arbitration award has no effect on the possibility of requesting the ‎annulment of the arbitration award due to non-compliance with the principles ‎of fair arbitration. The request to cancel the arbitrator\\\\\\\'s decision that is outside ‎the deadline can also be accepted by relying on the principles of fair arbitration, ‎and in case of a request to implement the arbitrator\\\\\\\'s decision, the arbitrator\\\\\\\'s ‎decision will not be able to be recognized and implemented.‎

Keywords

, maritime arbitration , Human rights , right to a trial , Non-waivable rights , fair arbitration.‎
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@article{paperid:1096080,
author = {Rezanejad, Abolghasem and Khodabakhshi Shalamzari, Abdollah and Maboudi Neishabouri, Reza},
title = {Fair Arbitration in International Disputes From A Human Rights Perspective: With an Overview of Arbitration in the Maritime Environment},
journal = {International Journal of Maritime Policy},
year = {2023},
volume = {2},
number = {8},
month = {January},
issn = {2717-4255},
pages = {69--90},
numpages = {21},
keywords = {maritime arbitration ; Human rights ; right to a trial ; Non-waivable rights ; fair arbitration.‎},
}

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%0 Journal Article
%T Fair Arbitration in International Disputes From A Human Rights Perspective: With an Overview of Arbitration in the Maritime Environment
%A Rezanejad, Abolghasem
%A Khodabakhshi Shalamzari, Abdollah
%A Maboudi Neishabouri, Reza
%J International Journal of Maritime Policy
%@ 2717-4255
%D 2023

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