
Arbitration and Human Rights
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Overview
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.
ISBN-13 | 9783030542368 |
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ISBN-10 | 303054236X |
Weight | 1.53 Pounds |
Dimensions | 6.25 x 1.00 x 9.50 In |
List Price | $169.99 |
Edition | 1st Edition |
Format | Hardcover |
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Language | English |
Pages | xviii, 334 pages |
Publisher | Springer |
Published On | 2020-08-13 |
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Sparks, NV, USA
Free delivery by: 24 Mar 2025