Arbitration and Human Rights : Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR / by Toms Krūmiņš.

Format:

Book

Author/Creator:

Krūmiņš, Toms., Author.

Language:

English

Subjects (All):

Mediation.

Dispute resolution (Law).

Conflict management.

Human rights.

Civil rights.

Conflict of laws.

Dispute Resolution, Mediation, Arbitration.

Human Rights.

European Fundamental Rights and Freedoms.

Private International Law, International & Foreign Law, Comparative Law .

Local Subjects:

Dispute Resolution, Mediation, Arbitration.

Human Rights.

European Fundamental Rights and Freedoms.

Private International Law, International & Foreign Law, Comparative Law .

Physical Description:

1 online resource (xviii, 334 pages)

Edition:

1st ed. 2020.

Place of Publication:

Cham : Springer International Publishing : Imprint: Springer, 2020.

System Details:

Mode of access: World Wide Web.

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.

Contents:

Chapter 1 - Introduction

Chapter 2 - The ECHR: In Brief Perspective

Chapter 3 - Arbitration and the ECHR

Chapter 4 - Setting-Aside Proceedings – Overview, Genesis and Grounds for Annulment

Chapter 5 - Approaches to Excluding the Annulment of Arbitral Awards – Exclusion Agreements

Chapter 6 - Approaches to Excluding the Annulment of Arbitral Awards – Total Exclusion

Chapter 7 - Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR

Chapter 8 – Conclusion.

Notes:

Includes bibliographical references.

ISBN:

3-030-54237-8