MAKING SENSE OF MUTU AND PECHSTEIN V. SWITZERLAND: SHOULD HUMAN RIGHTS BE SAFEGUARDED IN ARBITRAL PROCEEDINGS?
The questions of arbitration clauses and subsequent arbitration proceedings have already been brought before the European Court of Human (hereinafter „the Court“). Most notably, the Court held that arbitration is not incompatible with the European Convention on Human Rights (hereinafter „the Convention“), established in Transado – Transportes Fluviais Do Sado, S.A. v. Portugal (dec.), 2003.
