The right to be heard in arbitration

The importance of alternative methods to state courts in dispute resolution has increased, particularly with the growth of international trade. Among these alternative mechanisms, arbitration is the most commonly used.While arbitration provides the parties with a fast, flexible, and expertise-based mechanism for resolving disputes, it equally requires the same degree of diligence as state courts in safeguarding the right to a fair trial and, as an inseparable component, the right to be heard. The right to a fair trial is a fundamental human right guaranteed not only by national legal systems but also by various international instruments, most notably among them the European Convention on Human Rights. One of the most essential components of this right, the right to be heard, includes the parties' ability to present their claims and defenses, to be informed of the statements and evidence submitted by the opposing party, and the obligation of the arbitral tribunal to duly consider all such submissions. Ensuring the protection of the right to be heard in arbitral proceedings is directly linked to the principle of equality of arms and plays a crucial role in the validity of arbitral awards. This thesis first examines the right to a fair trial and its main elements, then analyzes the implementation of this right in arbitral proceedings and its relationship with the right to be heard. Furthermore, it discusses in detail the procedural stages in which the right to be heard bears particular significance, such as the appointment of arbitrators, service of notices, submission and evaluation of evidence, and the granting of interim measures. Finally, the study provides a comprehensive analysis of the consequences arising from the violation of the right to be heard, in the context of annulment proceedings, recognition and enforcement of arbitral awards, and individual applications. In conclusion, compliance with the right to be heard in arbitral proceedings not only ensures the parties' confidence in the arbitral process but also constitutes a crucial element for the validity, recognition, and enforceability of arbitral awards.