The Constitution of Arbitration

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

Victor Ferreres Comella (Author)

9781108822824, Cambridge University Press

Paperback / softback, published 25 August 2022

234 pages
22.9 x 15.2 x 1.3 cm, 0.322 kg

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.

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.

Subject Areas: Constitutional & administrative law [LND], Arbitration, mediation & alternative dispute resolution [LNAC5], Civil procedure, litigation & dispute resolution [LNAC], Comparative law [LAM]