Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: Lütfullah Yasin AKBULUT

Konular:Hukuk

Anahtar Kelimeler:Right to fair trial,European Convention on Human Rights,1982 Constitution,Arbitration,Right to access to court,Impartiality and independence

Özet: The right to an independent and impartial tribunal is laid down in Article 6 of the European Convention on Human Rights under the title of ‘Right to a Fair Trial’. Likewise, the 1982 Turkish Constitution regulates the right to fair trial in its different articles. However, in today’s modern world, litigation is not the only legal dispute resolution system. Due to its celerity and effectiveness, arbitration is a widely preferred alternative for legal disputes. However, according to European Court of Human Rights, states must supervise and control whether the fair trial standards are observed in arbitration proceedings. This article examines the qualities of the right to a court and the right to be heard by an independent and impartial tribunal in relation with arbitration. Accordingly, case-law of European Court of Human Rights regarding the right to court and arbitration is analyzed first. Then, judgments of the Constitutional Court are examined in the light of the historical progress, including relevant legislative modifications and constitutional amendments. Finally, the relationship between arbitration and the right to be heard by an impartial and independent tribunal is discussed through ECHR’s recent judgment of Ali Riza and Others v. Turkey.

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