Arbitration And Human Rights

Author : Toms Krūmiņš
Publisher : Springer Nature
Page : 334 pages
File Size : 49,8 Mb
Release : 2020-08-12
Category : Law
ISBN : 9783030542375

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Arbitration and Human Rights by Toms Krūmiņš Pdf

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.

Author : Filip Balcerzak
Publisher : BRILL
Page : 331 pages
File Size : 49,9 Mb
Release : 2017-08-14
Category : Law
ISBN : 9789004339002

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Investor – State Arbitration and Human Rights by Filip Balcerzak Pdf

In Investor – state arbitration and human rights Filip Balcerzak examines the interrelations between human rights and international investment law. He discusses the place of human rights arguments in the course of arbitral proceedings based on investment treaties.

Author : Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann
Publisher : Oxford University Press
Page : 646 pages
File Size : 42,8 Mb
Release : 2009
Category : Law
ISBN : 9780199578184

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Human Rights in International Investment Law and Arbitration by Pierre-Marie Dupuy,Francesco Francioni,Ernst-Ulrich Petersmann Pdf

There is a growing interplay between international investment law, arbitration and human rights. This book offers a systematic analysis of this interaction, exploring the role of principles of justice in investment law, comparing investment arbitration with other courts, and examining case studies on human rights.

Author : Thomas Schultz,Federico Ortino
Publisher : Oxford University Press
Page : 1008 pages
File Size : 53,5 Mb
Release : 2020-09-11
Category : Law
ISBN : 9780192515964

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The Oxford Handbook of International Arbitration by Thomas Schultz,Federico Ortino Pdf

This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.

Author : Andrea Gattini,Attila Tanzi,Filippo Fontanelli
Publisher : BRILL
Page : 475 pages
File Size : 54,5 Mb
Release : 2018-06-01
Category : Law
ISBN : 9789004368385

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General Principles of Law and International Investment Arbitration by Andrea Gattini,Attila Tanzi,Filippo Fontanelli Pdf

In General Principles of Law in Investment Arbitration, the authors address selected general principles of law, assessing their functions in investment arbitration. The resulting picture is that of a lively source that escapes doctrinal straitjackets and maintains its relevance.

Author : Zena Prodromou
Publisher : Kluwer Law International B.V.
Page : 313 pages
File Size : 47,6 Mb
Release : 2020-08-12
Category : Law
ISBN : 9789403520018

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The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes by Zena Prodromou Pdf

In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

Author : Giovanna E. Gismondi
Publisher : Kluwer Law International B.V.
Page : 210 pages
File Size : 53,5 Mb
Release : 2023-08-22
Category : Law
ISBN : 9789403530574

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International Environmental Law and International Human Rights Law in Investment Treaty Arbitration by Giovanna E. Gismondi Pdf

Policies aimed at the expansion of transnational capital are sometimes implemented at the expense of growing social inequality and popular frustration in host countries. This timely and deeply researched volume identifies – and offers new insights into – the growing use of and reliance upon international environmental and human rights law in the arbitration of investor–State disputes. It presents a comprehensive and pragmatic approach to the most effective way to connect international investment law to the protection of human rights and the environment. Based on an analysis of 30 arbitral awards, this book demonstrates how recent investment treaty arbitration – and in particular respondent States’ argumentation in arbitral proceedings – highlights the human rights and environmental considerations connected with such factors as the following: the fair and equitable treatment (FET) clause; jurisdictional obstacles; treaty conflict; role of amici curiae; damages; tribunal’s dilution of the significance of environmental and human rights law; corporate social responsibility; free, prior, and informed consent; social license to operate; and (in)applicability of the systemic approach to the interpretation of investment treaties. As investment arbitration continues to be challenged by growing demands for greater public involvement and for participation of third parties that are affected by the proceedings, this book responds to the need to reshape the investment regime into more human rights and environmentally friendly system. It will prove an invaluable resource for arbitral institutions, academics, arbitrators, arbitration counsel, and other participants in investment treaty arbitration.

Author : Kwesi Nyarkoh Koomson
Publisher : GRIN Verlag
Page : 9 pages
File Size : 41,8 Mb
Release : 2016-09-02
Category : Law
ISBN : 9783668289901

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Relevance of Arbitration to Human Rights by Kwesi Nyarkoh Koomson Pdf

Essay from the year 2016 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, , course: Human Rights, language: English, abstract: Conflicts and disputes are normal and natural in everyday life. Conflict is not an event; it is a process. Human beings face conflicts always and everywhere, at all levels (Galtung 1996). How conflicts are managed is what makes the difference. A common way disputes the world over are resolved is through litigation. Litigation however is often characterized by delays and other debilitating activities which adversely affect the conflict resolution process and accentuates the popular legal maxim ‘justice delayed is justice denied’. Litigation is also thought to be relatively expensive and too elitist. These undoubted flaws that surround litigation led to other means of conflicts resolution collectively termed Alternative Dispute Resolution or (ADR). The Legal Information Institute (LII, 2014) defines Alternative Dispute Resolution as any method of resolving disputes other than by litigation. Courts of competence jurisdiction could be directed to review the validity of Alternative Dispute Resolution methods, but they will hardly overturn decisions and awards proposed by ADR if the disputing parties formed a valid contract to abide by them. ADR methods or types include mediation, negotiation, conciliation, collaborative law and arbitration. ADR is arguably a much better option as all stakeholders in a conflict can resolve their own differences by working together to come up with an agreement that satisfies all parties involved. This write-up will however focus on one of the popular modes of ADR, called Arbitration. The write-up will look at a brief history of arbitration, the meaning of the term arbitration, its features and characteristics, types and forms, merits and demerits and most importantly how arbitration skills could be utilized to address human rights-related disputes, conflicts and matters.

Author : Wolfgang Benedek,Koen De Feyter,Fabrizio Marrella
Publisher : Cambridge University Press
Page : 21 pages
File Size : 49,7 Mb
Release : 2007-04-19
Category : Political Science
ISBN : 9781139465236

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Economic Globalisation and Human Rights by Wolfgang Benedek,Koen De Feyter,Fabrizio Marrella Pdf

Economic globalisation is one of the guiding paradigms of the twenty-first century. The challenge it implies for human rights is fundamental, and key questions have up to now received no satisfying answers. How can human rights protect human dignity when economic globalisation has an adverse impact on local living conditions? How should human rights evolve in response to a global economy in which non-statal actors are decisive forces? Economic Globalisation and Human Rights was originally published in 2007, and sets out to assess these and other questions to ensure that, as economic globalisation intensifies, human rights take up the central and crucial position that they deserve. Using a multidisciplinary methodology, leading scholars reflect on issues such as the need for global ethics, the localisation of human rights, the role of human rights in WTO law, and efforts to make international economic organisations more accountable and multinational corporations more socially responsible.

Author : Yousuf Aftab,Audrey Mocle
Publisher : Unknown
Page : 128 pages
File Size : 53,9 Mb
Release : 2019
Category : Human rights
ISBN : 0433478608

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Business and Human Rights as Law by Yousuf Aftab,Audrey Mocle Pdf

"This book is about corporate social responsibility and business & human rights. It discusses international law and how the emerging litigation thereof."--

Author : José E. Alvarez
Publisher : Unknown
Page : 345 pages
File Size : 46,9 Mb
Release : 2018
Category : Dispute resolution (Law)
ISBN : 194482524X

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Boundaries of Investment Arbitration by José E. Alvarez Pdf

Author : Martin Scheinin
Publisher : Cambridge University Press
Page : 517 pages
File Size : 41,8 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781108499736

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Human Rights Norms in ‘Other' International Courts by Martin Scheinin Pdf

Examines the role and impact of human rights norms in international courts other than human rights courts

Author : Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer
Publisher : BRILL
Page : 257 pages
File Size : 53,5 Mb
Release : 2016-11-17
Category : Law
ISBN : 9789004312111

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Conciliation in International Law by Christian Tomuschat,Riccardo Pisillo Mazzeschi,Daniel Thürer Pdf

This volume collects the materials underlying the International Colloquium “Conciliation in the Globalized World of Today“, held on 11 and 12 June 2015 in Vienna under the auspices of the Court of Conciliation and Arbitration within the OSCE. The aim of the Colloquium was to examine the merits and possible shortcomings of this method of conflict resolution, and it concluded that the pros heavily outweigh the cons.

Author : Farouk El-Hosseny
Publisher : BRILL
Page : 347 pages
File Size : 44,8 Mb
Release : 2018-01-25
Category : Law
ISBN : 9789004349131

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Civil Society in Investment Treaty Arbitration by Farouk El-Hosseny Pdf

Civil Society in Investment Treaty Arbitration: Status and Prospects offers a procedural and substantive analysis of civil society’s participation as amicus curiae before investor-state tribunals.

Author : Yannick Radi
Publisher : Edward Elgar Publishing
Page : 584 pages
File Size : 50,7 Mb
Release : 2018-12-28
Category : Law
ISBN : 9781782549123

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Research Handbook on Human Rights and Investment by Yannick Radi Pdf

The interplay between human rights and investments is a key and complex issue in today’s world. To take stock of this importance and to tackle this complexity, this Research Handbook offers a unique multi-faceted approach. It gathers in-depth contributions which focus on the interplay between human rights and investments in various international legal regimes, economic sectors and regions. It also provides thorough analyses of the various types of accountability that may result from the activities of multinational corporations in relation to human rights. This Research Handbook is intended for practitioners, policy-makers, academics and students eager to understand the interaction between human rights and investments in all its dimensions.​