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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

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

Language

English

Pages

xviii, 334 pages

Publisher

Springer

Published On

2020-08-13



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Alibris

Sparks, NV, USA

Print on demand Sewn binding. Cloth over boards. 334 p. Contains: Unspecified, Illustrations, black...
$172.16

 Free delivery by: 24 Mar 2025