2016 | Noviembre 17
Professor Bernardo M. Cremades FCIArb addressed CIArb members and delegates at the Institute’s annual Alexander Lecture in London.
In his speech entitled: The Use and Abuse of Due Process in International Arbitration, Professor Cremades discussed the origins of due process, it’s role in international arbitration and the need for strong arbitral tribunals.
He emphasised that in arbitral proceedings, the basic rule consists of submitting to the principles of equality, fair hearing and the right of contradiction. Parties ought to be treated equally and given sufficient opportunity to present their case. Due process in international arbitration also requires the arbitrators to conduct proceedings and draft their awards so that the final decision is enforceable. Referring to the requirements of due process in arbitral proceedings, Professor Cremades concluded: “In short, the content of due process can be summed up in two fundamental points: Access to justice and reasonableness of the proceedings.”
Use and Abuse of Due Process in International Arbitration