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Arbitration and Human Rights

by Aleksandar Jaksic (Author)
Monographs 370 Pages

Summary

The concept of delocalised arbitration tends to evade any active judicial control over arbitral awards at the place of arbitration. The judicial control over arbitral awards is nowadays reduced to the extent of their conformity with transnational public policy. That is the reason why the losing party to the arbitral proceedings tries to invoke the procedural human rights as a minimum protective standard under international human rights law. This study sheds light on the question as to whether international human rights law is to be applied to the international commercial arbitration. Moreover, it specifies some serious violations of procedural human rights occurring in the arbitral process and determines the responsibility of states for tolerating such violations which take place within their jurisdiction.

Details

Pages
370
ISBN (Softcover)
9783631379509
Language
English
Tags
Supranation Internationale Räume rechtsfreier Raum
Published
Frankfurt/M., Berlin, Bern, Bruxelles, New York, Oxford, Wien, 2002. 370 pp.

Biographical notes

Aleksandar Jaksic (Author)

The Author: Aleksandar Jaksic was born in 1959 in Kovin, Vojvodina (FR of Yugoslavia). In 1990 he got his Ph.D. degree. He was a grant-holder of some most important European law institutes. In 1998 the Alexander von Humboldt Foundation allowed him a two-year reserach grant. In the last decade he was active as a lawyer in West Europe, mostly in Luxembourg and Switzerland. Since autumn 2000 he has been teaching Private International Law at the Faculty of Law in Belgrade.

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Title: Arbitration and Human Rights