Antonov on e-justice in arbitration

Jaroslav Valerievich Antonov of the Russian Presidential Academy of National Economy and Public Administration has published Legal Mechanisms of E-Justice for Ensuring Independence and Impartiality of Arbitrators in Light of International Practice, CYArb – Czech (& Central European) Yearbook of Arbitration: Independence and Impartiality of Arbitrators, 4, 3-24 (2014).

Here is the 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.

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