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Image for Arbitration and Human Rights : Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR

Arbitration and Human Rights : Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR (1st ed. 2020)

By: Krumins, Toms

303054236X / 9783030542368
Hardback
13/08/2020
Usually dispatched within 4 weeks
Switzerland
155 x 235 mm, 694 grams 334 pages, 1 Illustrations, black and white; XVIII, 334 p. 1 illus.
Professional & Vocational  Learn More

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.

BIC:

JPVH Human rights, LB International law, LBBR International human rights law, LNAC5 Arbitration, mediation & alternative dispute resolution

Our price£90.74
RRP £109.99
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