General Report
Files
Description
Due process constitutes one of the most fundamental guarantees of judicial procedure. With origins dating back to the Roman Laws of the Twelve Tables created around 450 BC, the principle of due process as we now understand it has developed its legacy over centuries. Important milestones in this process include the Perpetual Edict of Hadrian, Justinian’s Corpus Iuris Civilis, the Magna Carta, modern constitutions, and international human rights treaties. What originally developed as a defensive right against the exercise of State authority has also become one of the core pillars of private justice in arbitration proceedings. Indeed, the observance of due process is a key component of the arbitration framework and one of its important legitimizing factors. Despite its uncontested relevance as a fundamental pillar of the arbitration framework, due process has remained a concept the normative contours of which are somewhat undefined. Neither the New York Convention nor the UNCITRAL Model Law expressly refer to the concept, let alone attempt to define it. Rather, it appears that due process is an umbrella concept covering various guarantees of procedural justice that are dispersed across the arbitration framework.
Source Publication
Due Process as a Limit to Discretion in International Commercial Arbitration
Source Editors/Authors
Franco Ferrari, Friedrich Rosenfeld, Dietmar Czernich
Publication Date
2020
Recommended Citation
Ferrari, Franco; Rosenfeld, Friedrich; and Czernich, Dietmar, "General Report" (2020). Faculty Chapters. 555.
https://gretchen.law.nyu.edu/fac-chapt/555
