Description
| Product ID: | 9781108822824 |
| Product Form: | Paperback / softback |
| Country of Manufacture: | GB |
| Series: | Comparative Constitutional Law and Policy |
| Title: | The Constitution of Arbitration |
| Authors: | Author: Victor Ferreres Comella |
| Page Count: | 234 |
| Subjects: | Comparative law, Comparative law, Legal systems: civil procedure, litigation and dispute resolution, Arbitration, mediation and alternative dispute resolution, Constitutional and administrative law: general, Civil procedure, litigation & dispute resolution, Arbitration, mediation & alternative dispute resolution, Constitutional & administrative law |
| Description: | 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. 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. |
| Imprint Name: | Cambridge University Press |
| Publisher Name: | Cambridge University Press |
| Country of Publication: | GB |
| Publishing Date: | 2022-08-25 |
