The Constitution of Arbitration

Victor Ferreres Comella (Universitat Pompeu Fabra, Barcelona)

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English

Cambridge University Press
25 August 2022

Series: Comparative Constitutional Law and Policy

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.

By: Victor Ferreres Comella (Universitat Pompeu Fabra Barcelona)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 13mm
Weight: 322g
ISBN: 9781108822824
ISBN 10: 1108822827
Series: Comparative Constitutional Law and Policy
Pages: 234
Publication Date: 25 August 2022
Audience: Professional and scholarly , Undergraduate
Format: Paperback
Publisher's Status: Active

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.

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 Uria-Menendez. 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 Tomas y Valiente' Prize, instituted by the Spanish Constitutional Court and the Centro de Estudios Politicos y Constitucionales.