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.
Formatted Contents Note
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.
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