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.

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

Autorentext
Toms Kr mi is an associate at COBALT where he focuses on litigation, arbitration, cross-border disputes as well as constitutional and human rights law. In addition, he is a Lecturer in European Private International Law at the Riga Graduate School of Law

Inhalt

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.