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This book provides a detailed analysis of private-public arbitrations and their constitutional ramifications. Across twenty chapters and almost fourty jurisdictions, it evaluates how domestic legal systems safeguard public interest in arbitration, addressing concerns related to democracy, rule of law, and fundamental rights
List of contents
- 1: Stephan W Schill: The Comparative Constitutional Foundations of Private-Public Arbitration: An Introduction
- Part I. Private-Public Arbitration in Europe
- 2: Stavros Brekoulakis and Margaret Devaney: Private-Public Arbitration in English Law: The Splendid Isolation of Arbitration from Public Law
- 3: Florian Grisel: The Private-Public Divide and Its Influence over French Arbitration Law: Tradition and Transition
- 4: Stephan W Schill and Nadine Berger: Eroding the Rule of Law through Private-Public Arbitration? Constitutionalization of Private-Public Arbitration in the German Legal System
- 5: Victor Ferreres Comella and Pol Fontboté Pradilla: Private-Public Arbitration in Spain: Legislative Timidity in the Shadow of the Constitution
- 6: Nikolaos Askotiris: Private-Public Arbitration under Greek Law: A (Nearly Complete) Public Law Paradigm
- 7: Csongor István Nagy: Can a State Swim against the Tide? Hungarian Perspectives on Public-Private Arbitration
- 8: Egl¿ Zemlyt¿, Tadas Varapnickas, Inga Käevska, Aleksandrs Fillers, Karin Sein, and Pirkka-Marja Põldvere: Protection of the Public Interest in Private-Public Arbitration in the Baltic States
- Part II. Private-Public Arbitration in the Americas and the Pacific
- 9: Peter B Rutledge: Whither Leviathan? The Seepage of Constitutional Law into Public-Private Arbitration in the United States
- 10: Orlando Federico Cabrera Colorado and Andrea Orta González Sicilia: The Extrinsic Factors of World Trade that Galvanized Mexican Public-Private Arbitration during the Pre-NAFTA Years and the Evolution of Safeguards for the Public Interest
- 11: Conway Blake: Reconciling Arbitral and Constitutional Governance: The Critical Role of the (Caribbean) Courts
- 12: Diego P Fernández Arroyo, Francisco Amallo, and Ezequiel H Vetulli: The Legitimacy of Private-Public Arbitration in Argentina and Its Slight, but Yet Strong Differences with Private-Private Arbitration
- Part III. Private-Public Arbitration in Asia, Africa, and Australia
- 13: Jamal Seifi and Kamal Javadi: Public-Private Arbitration in the Iranian Legal System: The Intersection of Preferential Rights and Constitutional Constraints on Arbitration
- 14: Tamar Meshel: The Attorney General as Guardian of the Public Interest and the Evolution of Private-Public Arbitration in Israel
- 15: Ahmad Ghouri: Living on the Edge of Judicial Review: The Law and Practice of Private-Public Arbitration in Pakistan
- 16: Manjiao Chi: China's Bifurcated Attitudes towards Private-Public Arbitration
- 17: Jaemin Lee: Public Policy Dimensions of Public-Private Arbitration: Recent Development and New Awareness in Korea
- 18: Dominic Npoanlari Dagbanja: The Constitutional and Public Interest Foundations of Public-Private Arbitration in Ghana
- 19: Engela C Schlemmer: The Dichotomy of Arbitration with the State in South Africa
- 20: Caroline Henckels: Private-Public Arbitration in Australia: Public Law Concerns, Private Law Responses
- Annex: Country Questionnaire
About the author
Stephan W. Schill is Professor of International and Economic Law and Governance at the University of Amsterdam, where he headed the European Research Council-funded research project 'Transnational Public-Private Arbitration as Global Regulatory Governance'. He is admitted to the bar in Germany and New York, is a Member of the ICSID List of Conciliators, and regularly acts as arbitrator in investor-state arbitrations. He also serves as General Editor of ICCA Publications and has published widely on international investment law, investor-state dispute settlement, general international law, EU law, and comparative public law.
