Access to justice in arbitration : concept, context and practice
- Full Title:
- Access to justice in arbitration : concept, context and practice
- Other Author:
- Oliveira, Leonardo V.P. de.
- Statement of Responsibility:
- Edited by Leonardo V.P. de Oliveira, Sara Hourani
- 332 p.
- Access to Justice in Arbitration is a compendium of essays by arbitral practitioners, academics, and arbitral institution officials presenting, for the first time, an in-depth...
Summary:Access to Justice in Arbitration is a compendium of essays by arbitral practitioners, academics, and arbitral institution officials presenting, for the first time, an in-depth analysis of the role access to justice plays in arbitration. The exponential growth of arbitration beyond commercial and investment matters, reaching disputes that have traditionally been decided by courts – such as labour and employment, sports, and competition disputes, and those involving human rights violations – raises questions about the impact of this expansion on access to justice. On the whole, this pioneering book assesses how access to justice can be guaranteed in arbitration and, in particular, shows how access to justice works in various types of arbitration.
The book and its contributions will be of immeasurable value in determining the practical application of such concerns as the following: • when issues of access to justice can be raised in arbitral disputes and when violations of access to justice can be challenged; • ramifications of arbitration clauses in contracts; • ensuring fairness and efficiency arising from technological innovations applied to arbitration; • legal framework applicable to online dispute resolution and blockchain-based arbitration, especially concerning recognition and enforcement; and • access to justice in arbitrations involving sexual harassment. The conclusive three chapters shed light on access to justice under the rules of arbitral institutions as revealed by studies of the World Intellectual Property Organisation, the Singapore International Arbitration Centre, and the International Centre for Settlement of Investment Disputes.
- • Foreword • List of Abbreviations • Acknowledgements • Introduction • Part I Theoretical Aspects of Access to Justice in Arbitration • Chapter 1 To...
Contents:• Foreword • List of Abbreviations • Acknowledgements • Introduction • Part I Theoretical Aspects of Access to Justice in Arbitration • Chapter 1 To What Degree Should Access to Justice Be Secured in Arbitration? • Chapter 2 Access to Justice and Arbitration – Is Consent to Arbitrate Still at Stake? • Chapter 3 The Limits to Voluntary Arbitration in Establishing a ‘Fair’, ‘Independent’ and ‘Accessible’ Dispute Resolution Mechanism Outside Large Contractual Disputes • Chapter 4 The Interplay Between Courts and Tribunals Assures Access to Justice • Part II Access to Justice and Investment Arbitration • Chapter 5 Access to Justice Through Investment Arbitration in Cases of Refusal of Enforcement of Commercial Arbitration Awards: Is There Any Room for Autonomous Claims Based on the New York Convention? • Chapter 6 Access to Justice in Investment Arbitration and Non-disputing Party Participation • Part III Access to Justice in Specific Disputes Submitted to Arbitration • Chapter 7 Access to Justice in Labour and Employment Arbitration in Light of the Brazilian and the US Experiences • Chapter 8 Access to Justice in Sports Arbitration • Chapter 9 Access To Justice and Arbitrating EU Competition Disputes: Aye or Nay? • Chapter 10 Unpacking the Potential for Unilaterally Binding Arbitration: Improving Access to an Effective Remedy, and Business-Related Human Rights Violations
• Part IV Access to Justice and Technology: Arbitration and ODR • Chapter 11 Access to Justice Through Online Dispute Resolution Is Not Science Fiction: A Practitioner’s Perspective on the Good, the Bad and the Future • Chapter 12 The Resolution of B2B Disputes in Blockchain-Based Arbitration: A Solution for Improving the Parties’ Right of Access to Justice in the Digital Age? • Part V Access to Justice and Arbitral Institutions • Chapter 13 Access to Justice Through WIPO’s Arbitration Rules • Chapter 14 Advance on Costs under the SIAC Rules • Chapter 15 Access to Justice and the Costs of ICSID
- Publisher & Date:
- AH Alphen aan den Rijn : Wolters Kluwer, 2021.
- Date of Publication:
- Wolters Kluwer
- C 301.1
- 9789403506913 (hbk)
|Kluwer Arbitration Online|
In the Library
|Call Number||Location||Availability||Description||Loan Type|
|C 301.1 Oli 2021||General collection||On Shelf||-||For regular loan|
In the Library
C 301.1 Oli 2021