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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)
ISBN: 303054236X     ISBN-13: 9783030542368
Publisher: Springer
OUR PRICE:   $161.49  
Product Type: Hardcover - Other Formats
Published: August 2020
Qty:
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.