Profound Analyze Regarding Compatibility of Art. 6 of ECHR with Consensual Arbitration

Abstract

Nowadays, parties in civil or commercial transactions and business enterprises need to resolve their disputes in 
an effective manner, in short period of time and if possible in private proceedings, requirements that are offered 
by arbitration procedures. The question in such case is how human rights are guaranteed by arbitration 
proceedings and further more how the right to a fair trial is being guaranteed in such proceedings.  
The paper will analyze in profound the issue of compatibility of Article 6 of ECHR, the right to a far trial with 
consensual arbitration. It will analyze the relevant provisions of ECHR that are potentially applicable to 
consensual arbitration and will examine deeply the compatibility of Article 6 of ECHR, the right to a fair trial with 
arbitration clauses and procedures by analyzing the terms “Everyone”, “Civil Rights and Obligations” in arbitration 
proceedings, “Right of Access to Justice”, Right to a Tribunal and Due Process of Law.

The paper will also present some conclusions and potential recommendations that will need to be reflected in 
procedural legislation in Albania.