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This site is based on Disciplinary and Regulatory Proceedings, 4th Edition.

Index for "Chapter 3"

Arbitration

The procedure for the appointment of an arbitrator exists at least in part for the protection of the parties to the arbitration. A departure from the procedure would render the award a nullity: Sumuka...

Arbitration and human rights

Where parties have voluntarily or (as some of the cases put it) freely entered into an arbitration agreement they are to be treated as waiving at least some of their rights to a fair trial under artic...

Confidentiality in arbitrations

‘The conduct of arbitrations is private. That is implicit in the agreement to arbitrate. That does not mean that the arbitration is private for all purposes. Prior to the modern arbitration legislat...

The independence of the prosecutor

The European Convention on Human Rights would not appear to require any degree of independence on the part of the prosecutor: Haase, R (on the application of) v Independent Adjudicator & Ors [2007] EW...