The Constitution of Arbitration

Victor Ferreres Comella (Universitat Pompeu Fabra, Barcelona)

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English

Cambridge University Press
11 March 2021

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: 235mm, Width: 158mm, Spine: 16mm
Weight: 500g
ISBN: 9781108842839
ISBN 10: 1108842836
Series: Comparative Constitutional Law and Policy
Pages: 280
Publication Date: 11 March 2021
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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.