The Constitution of Arbitration

The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.

List of contents

Introduction: The Varieties of Arbitration; Part I. Arbitration and Private Law: 1. The Liberal Case for Arbitration; 2. Constitutionalizing the Right to Arbitration; 3. Boundaries and Constraints; 4. Arbitration and the Law-Making Process; 5. The Special Case of International Commercial Arbitration; Part II. Investment Treaty Arbitration: 6. The Rise of Investment Treaty Arbitration; 7. Privileging Foreign Investors? The Equality Challenge; 8. Adjudicative Coherence and Democratic Checks on Arbitral Jurisprudence; 9. Investment Treaty Arbitration, Regional Integration, and Fragmentation of International Law; 10. The Arbitral Foundations of International Adjudication; 11. The Virtues and Limitations of State-to-State Arbitration.

About the author

Victor Ferreres Comella is Professor of Constitutional Law at Pompeu Fabra University School of Law. He is widely known for his scholarship on constitutional theory and comparative constitutional law and works as counsel at the law firm Uría-Menéndez. He has taught at both New York University and the University of Texas at Austin and has lectured at many institutions across Europe and the Americas. He is the author of many books and articles, including Constitutional Courts and Democratic Values: A European Perspective, and The Constitution of Spain: A Contextual Analysis. In 1996, he was awarded the 'Francisco Tomás y Valiente' Prize, instituted by the Spanish Constitutional Court and the Centro de Estudios Políticos y Constitucionales.

Summary

This non-technical introduction to the most important types of arbitration is especially useful for students of law, offering an original argument on the constitutional grounding of arbitration. The book also adds to debates on the dangers of using arbitration in certain fields, including those involving consumers, employees, and foreign investors.

Foreword

The first systematic study of the most important types of arbitration - and their limits - from a constitutional perspective.

Product details

• Authors: Victor Ferreres Comella, Ferreres Comella Victor
• Publisher: Cambridge Academic
• Languages: English
• Product format: Paperback / Softback
• Released: 01.01.2024
• EAN: 9781108822824
• ISBN: 978-1-108-82282-4
• Dimensions: 152 mm x 229 mm x 13 mm
• Weight: 322 g
• Illustrations: Worked examples or Exercises
• Series: Comparative Constitutional Law and Policy
• Subjects: Social sciences, law, business > Law > General, dictionaries; LAW / Civil Procedure, LAW / Constitutional, LAW / Arbitration, Negotiation, Mediation, LAW / Litigation, LAW / Comparative, LAW / Alternative Dispute Resolution, comparative law, Arbitration, mediation & alternative dispute resolution, Constitutional & administrative law, Constitutional and administrative law: general, Arbitration, mediation and alternative dispute resolution, Civil procedure, litigation & dispute resolution