Full Description
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.
