The constitution of arbitration / Victor Ferreres Comella, Universitat Pompeu Fabra.

Format:

Book

Author/Creator:

Ferreres Comella, Víctor, author.

Series:

Comparative constitutional law and policy.

Comparative constitutional law and policy

Language:

English

Subjects (All):

Arbitration (International law).

International commercial arbitration.

Physical Description:

1 online resource (xiv, 220 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

This work is the first systematic discussion of arbitration from a constitutional perspective, covering the most important types of arbitration, including domestic arbitration in private law, international commercial arbitration, investment treaty arbitration, and state-to-state arbitration. Victor Ferreres Comella argues for the recognition of a constitutional right to arbitration in the private sphere and discusses the constraints that the state is entitled to place on this right. He also explores the conditions under which investment treaty arbitration is constitutionally legitimate, and highlights the shortcomings of international adjudication from a constitutional perspective. The rich landscape of arbitration is explained in clear language, avoiding unnecessary technical jargon. Using examples drawn from a wide variety of domains, Ferreres bridges the gap between constitutional and arbitral theory.

Contents:

The liberal case for arbitration

Constitutionalizing the right to arbitration

Boundaries and constraints

Arbitration and the law-making process

The special case of international commercial arbitration

The rise of investment treaty arbitration

Privileging foreign investors? The equality challenge

Adjudicative coherence and democratic checks on arbitral jurisprudence

Investment treaty arbitration, regional integration, and fragmentation of international law

The arbitral foundations of international adjudication

The virtues and limitations of state-to-state arbitration.

Notes:

Title from publisher's bibliographic system (viewed on 19 Mar 2021).

ISBN:

1-108-90674-5

1-108-91168-4

1-108-90639-7

OCLC:

1244629125