Arbitration and human rights : approaches to excluding the annulment of arbitral awards and their compatibility with the ECHR / Toms Krūmiņš.

Arbitration and human rights : approaches to excluding the annulment of arbitral awards and their compatibility with the ECHR / Toms Krūmiņš.

Title from PDF of title page (viewed, Jan. 18, 2021)

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.

Springer,

SpringerLink (Online service)

https://link.springer.com/book/10.1007/978-3-030-54237-5

1 online resource (xviii, 334 p.)

eng

a

Publisher's Web site. Access restricted to the University of Catania community.

10.1007/978-3-030-54237-5 doi

303054236X

9783030542368

9783030542375b(electronic bk.)

3030542378b(electronic bk.)

303054236X

9783030542368