BUiD Doctoral Research Conference 2024

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Due Process and the Judiciary: Navigating Due Process Paranoia
(Springer Cham, 2025) Binisaro; Abba Kolo
This paper delves into the intricate relationship between due process, due process paranoia, and the role of the judiciary in arbitration proceedings. Due process, a fundamental principle of law, ensures fairness, equity, and procedural justice in legal contexts, including arbitration. However, due process paranoia, characterized by an exaggerated fear or concern about procedural irregularities, can lead to excessive formalism, unnecessary delays, and challenges in arbitration efficiency. This study aims to explore the nuances of due process and due process paranoia in arbitration settings and to examine the judiciary's role in mitigating the adverse effects of due process paranoia while upholding the principles of fairness and efficiency in dispute resolution.