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The Constitution of Arbitration (Hardcover)
Loot Price: R2,815
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The Constitution of Arbitration (Hardcover)
Series: Comparative Constitutional Law and Policy
Expected to ship within 10 - 15 working days
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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.
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