It has been held that a party resisting summary enforcement is not able to rely on the right to a fair trial1 under the Convention for the Protection of Human Rights and Fundamental Freedoms (1950)2. The right to a fair trial does not apply to an adjudicator's award or adjudication proceedings because they do not involve a final determination3.
However, an adjudicator is obliged to act impartially4 and in accordance with the rules of natural justice or as fairly as the limitations imposed by Parliament permit5
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