DUE PROCESS AS MINIMAL PROCEDURAL SAFEGUARD IN INTERNATIONAL COMMERCIAL ARBITRATION

Abstract

This paper examines the application of due process in international commercial arbitration as
a mandatory procedural safeguard. It argues that these minimal procedural requirements are
mandatory and cannot be derogated with the parties’ agreement or with the arbitrators’
unilateral decision. Failing to conduct the arbitration procedure according to these minimal
procedural requirements could lead to annulment of the arbitration award or for refusal of the
request for recognition or enforcement of such award. This paper provides comparative
overview of the current legislation on international and national level by examining the
application of due process in the light of the most significant cases.