Edited by Dr Leonardo de Oliveira and Dr Sara Hourani (Middlesex University) this new book on access to justice in arbitration is particularly timely due to the exponential growth of arbitration beyond commercial and investment matters.
Bringing together arbitral practitioners, academics, and arbitral institution officials this edited volume provides an in-depth analysis of the role access to justice plays in arbitration.
Given 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 volume addresses topics, such as:
- 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.