Access to justice in arbitration : concept, context and practice / edited by Leonardo de Oliveira, Sara Hourani.

Format:

Book

Contributor:

Oliveira, Leonardo de, editor.

Hourani, Sara, editor.

Language:

English

Subjects (All):

Human rights.

Physical Description:

1 online resource (321 pages)

Place of Publication:

Alphen aan den Rijn, Netherlands : Wolters Kluwer, [2020]

Summary:

Access to Justice in Arbitration Concept, Context and Practice Edited by Leonardo V P de Oliveira & Sara Hourani The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts - such as labour and employment, sports, and competition disputes, and those involving human rights violations - raises questions about the impact of this expansion on access to justice. This collection of essays by arbitral practitioners, academics, and arbitral institution officials presents, for the first time, an in-depth analysis of the role access to justice plays in arbitration. Overall, the book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration. The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; ramifications of arbitration clauses in contracts; ensuring fairness and efficiency arising from technological innovations applied to arbitration; legal framework applicable to online dispute resolution and blockchain-based arbitration, especially with regard to recognition and enforcement; and access to justice in arbitrations involving sexual harassment. The book concludes with three chapters on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Arbitration provides a final binding decision that can be challenged on very limited grounds; thus, with arbitration settling disputes that were originally a prerogative of the judiciary, securing fairness in such procedures is paramount to the survival of arbitration. For this reason, arbitration practitioners, institutions, and academics will appreciate this deeply-informed analysis and commentary on a crucial aspect of a highly significant and rapidly evolving area of practice.

Contents:

Introduction / Leonardo V.P. de Oliveira & Sara Hourani

To what degree should access to justice be secured in arbitration? / Leonardo V.P. de Oliveira

Access to justice and arbitration : is consent to arbitrate still at stake? / Clotilde Jourdain-Fortier

The limits to voluntary arbitration in establishing a fair, independent and accessible dispute resolution mechanism outside large contractual disputes / Joao Ilhão Moreira

The interplay between courts and tribunals assures access to justice / Ramona Elisabeta Cirlig

Access to justice through investment arbitration in cases of refusal of enforcement of commercial arbitration awards : is there any room for autonomous claims based on the New York Convention? / Berk Demirkol

Access to justice in investment arbitration and non-disputing party participation / Crina Baltag

Access to justice in labour and employment arbitration in light of the Brazilian and the USA experiences / Carolina da Rocha Morandi

Access to justice in sports arbitration / Ian Blackshaw

Access to justice and arbitrating EU competition disputes : aye or nay? / Johanna Hoekstra Aysem Diker Vanberg

Unpacking the potential for unilaterally binding arbitration : improving access to an effective remedy, and business-related human rights violations / Youseph Farah

Access to justice through online dispute resolution is not science fiction : a practitioner's perspective on the good, the bad and the future / Mirèze Philippe

The resolution of B2B disputes in blockchain-based arbitration : a solution for improving the parties' right of access to justice in the digital age? / Sara Hourani

Access to justice through WIPO's arbitration rules / Aislinn O'Connell

Advance on costs under the SIAC rules / Christine Sim

Access to justice and the costs of ICSID / Duarte Henriques & Avani Agarwal.

Notes:

Description based on print version record.

ISBN:

94-035-0681-4