Hatches and Tantrums: The Behavioural Foundation of the Setting Aside
- Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Hatches and Tantrums: The Behavioural Foundation of the Setting Aside
by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Hatches and Tantrums: The Behavioural Foundation of the Setting Aside
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Is it advisable for a State to eliminate the setting aside of its Law of Arbitration? Can the parties, by virtue of their party autonomy, waive the setting aside? The purpose of the article is to demonstrate that the setting aside has a psychological and a legal-political basis, since, on the one hand, satisfies the psychological need to throw tantrums of human beings and, on the other, it constitutes a tool that guarantees the control of power.
Arbitration: The International Journal of Arbitration, Mediation and Dispute Management