Arbitration and Human Rights : Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the Echr
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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.
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Details
- ISBN-13: 9783030542368
- ISBN-10: 303054236X
- Publisher: Springer
- Publish Date: August 2020
- Dimensions: 9.21 x 6.14 x 0.81 inches
- Shipping Weight: 1.48 pounds
- Page Count: 334
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