Project Manager
Maunsbach, LottaProject manager
Lund UniversityAmount granted
145 000 SEKYear
2014
The right to justice is a fundamental right that exists in all democratic states. The starting point is that everyone has the right to have their disputes heard by a court in a procedure that meets certain qualities, a fair trial, and that the State has a responsibility to provide the conditions for such dispute resolution procedures before the courts. However, it is not clear from the right to judicial review whether it also includes a right for the parties to voluntarily waive access to a court and a fair trial with binding effect. It is this latter question that is addressed in this thesis.
The study deals with situations where the parties waive a procedural right in various ways by agreement. It is partly about agreements where the parties completely waive judicial review, and partly about agreements where the parties waive some part of the judicial review. The thesis analyzes whether the agreement entered into in advance is binding when invoked before a court and what procedural legal effects the agreement gives rise to between the parties and in relation to the court.
The starting point is the situation where two commercial parties, before a dispute has arisen, agree by contract to waive the right to judicial review, in whole or in part. Once a dispute arises, one of them no longer wishes to be bound by the contractual arrangements and brings an action before the court in breach of the contract.