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Access to Justice in Arbitration

Concept, Context and Practice

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  • 368pages
  • 13 heures de lecture

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The exponential growth of arbitration into areas traditionally handled by courts, such as labor, sports, competition disputes, and human rights violations, raises critical questions about access to justice. This collection features essays from arbitral practitioners, academics, and officials, offering an in-depth analysis of access to justice in arbitration for the first time. It evaluates how access can be ensured across different arbitration types, addressing practical applications of these concerns. The book includes three chapters focusing on access to justice as governed by the rules of notable arbitral institutions, including the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Given that arbitration results in final binding decisions that can only be challenged on limited grounds, ensuring fairness is essential for its legitimacy, especially as it takes on disputes once reserved for the judiciary. This comprehensive analysis will be invaluable for arbitration practitioners, institutions, and academics, highlighting a crucial aspect of a significant and rapidly evolving field.

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Access to Justice in Arbitration, Leonardo V.P. de Oliveira, Sara Hourani

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Année de publication
2020
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18,99 €

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Titre
Access to Justice in Arbitration
Sous-titre
Concept, Context and Practice
Langue
Anglais
Publié
2020
Format
rigide
Pages
368
ISBN10
9403506911
ISBN13
9789403506913
Séries
Description
The exponential growth of arbitration into areas traditionally handled by courts, such as labor, sports, competition disputes, and human rights violations, raises critical questions about access to justice. This collection features essays from arbitral practitioners, academics, and officials, offering an in-depth analysis of access to justice in arbitration for the first time. It evaluates how access can be ensured across different arbitration types, addressing practical applications of these concerns. The book includes three chapters focusing on access to justice as governed by the rules of notable arbitral institutions, including the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes. Given that arbitration results in final binding decisions that can only be challenged on limited grounds, ensuring fairness is essential for its legitimacy, especially as it takes on disputes once reserved for the judiciary. This comprehensive analysis will be invaluable for arbitration practitioners, institutions, and academics, highlighting a crucial aspect of a significant and rapidly evolving field.