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

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.

General

Imprint:	Springer Nature Switzerland AG
Country of origin:	Switzerland
Release date:	August 2021
First published:	2020
Authors:	Toms Krumins
Dimensions:	235 x 155mm (L x W)
Format:	Paperback
Pages:	334
Edition:	1st ed. 2020
ISBN-13:	978-3-03-054239-9
Categories:	Books > Law > Jurisprudence & general issues > Comparative law Books > Law > International law > Public international law > International human rights law Books > Law > Laws of other jurisdictions & general law > Courts & procedure > Arbitration procedure Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
LSN:	3-03-054239-4
Barcode:	9783030542399

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