Can the Convention right to a fair hearing prevent enforcement of a statutory adjudication decision?
The restricted timetable does not itself make statutory adjudication incompatible with Article 6. The authorities treat the decision as interim rather than a final determination of civil rights and preserve later court or arbitral determination.
A general Article 6 objection to the statutory timetable does not defeat enforcement, but material procedural unfairness remains reviewable
Arguments that adjudication is inherently unfair was rejected because it is short or does not provide a full trial. The decision is provisionally binding and the underlying dispute can be finally determined by the agreed court or tribunal. That does not give the adjudicator permission to conduct an unfair process. A party must still know the material case, have a proportionate opportunity to answer it and receive an impartial decision. Frame any enforcement objection by the actual procedural failure and its effect, not by a broad attack on the statutory scheme.
| Issue | Position |
|---|---|
| Short statutory timetable alone | Does not establish a Convention breach |
| Interim binding decision | Later final determination remains available |
| General objection to adjudication | Unlikely to resist enforcement |
| Material inability to answer case | Natural-justice issue |
| Impartiality concern | Assess by the established bias test |
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