Access to Justice in Arbitration: Concept, Context and Practice Contributor(s): de Oliveira, Leonardo (Editor), Hourani, Sara (Editor) |
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ISBN: 9403506911 ISBN-13: 9789403506913 Publisher: Kluwer Law International OUR PRICE: $202.95 Product Type: Hardcover - Other Formats Published: November 2020 |
Additional Information |
BISAC Categories: - Law | Arbitration, Negotiation, Mediation - Law | Comparative |
Physical Information: 1" H x 6.3" W x 9.8" (1.50 lbs) 368 pages |
Descriptions, Reviews, Etc. |
Publisher Description: Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following:
The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.
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