Overview
- Provides a comprehensive, up-to-date analysis of the applicability of the ECHR to international commercial arbitration
- Presents a comparative overview of various legislative approaches to voluntary exclusion agreements
- Addresses the interplay between setting-aside proceedings and parties’ procedural human rights under the ECHR
- Puts forward original conclusions regarding the continuing necessity and relevance of setting-aside proceedings in the contemporary framework of international commercial arbitration
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Table of contents (8 chapters)
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Front Matter
Keywords
About this book
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.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Arbitration and Human Rights
Book Subtitle: Approaches to Excluding the Annulment of Arbitral Awards and Their Compatibility with the ECHR
Authors: Toms Krūmiņš
DOI: https://doi.org/10.1007/978-3-030-54237-5
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2020
Hardcover ISBN: 978-3-030-54236-8Published: 13 August 2020
Softcover ISBN: 978-3-030-54239-9Published: 14 August 2021
eBook ISBN: 978-3-030-54237-5Published: 12 August 2020
Edition Number: 1
Number of Pages: XVIII, 334
Number of Illustrations: 1 b/w illustrations
Topics: Dispute Resolution, Mediation, Arbitration, Human Rights, European Fundamental Rights and Freedoms, Private International Law, International & Foreign Law, Comparative Law