Arbitration and human rights : approaches to excluding the annulment of arbitral awards and their compatibility with the ECHR / Toms Krūmiņš.
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 com...
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| Format: | Ebook |
| Language: | English |
| Published: |
Cham, Switzerland :
Springer,
[2020]
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| Online Access: | Springer Humanities and Social Science eBook Collection 2020 English/International |
| Summary: | 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. |
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| Physical Description: | 1 online resource (xviii, 334 pages) |
| Bibliography: | Includes bibliographical references. |
| ISBN: | 303054236X 9783030542368 3030542378 9783030542375 |