Arbitration and Human Rights: Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the Echr 2020 Edition Contributor(s): Krūmiņs, Toms (Author) |
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ISBN: 303054236X ISBN-13: 9783030542368 Publisher: Springer OUR PRICE: $161.49 Product Type: Hardcover - Other Formats Published: August 2020 |
Additional Information |
BISAC Categories: - Law | Arbitration, Negotiation, Mediation - Law | International - Law | Civil Rights |
Physical Information: 0.81" H x 6.14" W x 9.21" (1.48 lbs) 334 pages |
Descriptions, Reviews, Etc. |
Publisher Description: This book presents a creative synthesis of two ostensibly disparate fields of law - arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena - exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties' right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR. |