The Comparative Constitutional Foundations of Private-Public Arbitration
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Product details:
- Publisher OUP Oxford
- Date of Publication 20 May 2025
- ISBN 9780198876687
- Binding Hardback
- No. of pages656 pages
- Size 240x165x40 mm
- Weight 1092 g
- Language English 605
Categories
Short description:
This book provides a detailed analysis of private-public arbitrations and their constitutional ramifications. Across twenty chapters and almost fourty jurisdictions, it evaluates how domestic legal systems safeguard public interest in arbitration, addressing concerns related to democracy, rule of law, and fundamental rights
MoreLong description:
This book engages with the concerns the rising phenomenon of arbitrations between private and public actors raises for principles of constitutional law - including democracy, the rule of law, and the protection of fundamental rights. It analyses how party-appointed, one-off arbitral tribunals determine the delineation of private rights and public interests within a transnational legal environment and provides a framework that aligns this activity with constitutional values.
Featuring 20 chapters dealing with almost 40 jurisdictions from different corners of the world, the book examines how domestic legal systems and legal practice approach the involvement of public entities as parties to arbitration agreements and arbitration proceedings, to what extent the constitutional legal frameworks involved problematize private-public arbitration as a constitutional concern, and how different domestic legal systems ensure that private-public arbitration conforms to, and avoids undermining, the public interest. The chapters analyse, inter alia, whether the governing domestic law treats private-public arbitration differently from commercial arbitration between private parties, to what extent domestic law permits such arbitrations, what regulatory frameworks domestic law sets up, and what control mechanisms domestic law establishes in order to ensure that the public interest is safeguarded when public entities agree to have disputes resolved through arbitration rather than in domestic courts.
Table of Contents:
The Comparative Constitutional Foundations of Private-Public Arbitration: An Introduction
Part I. Private-Public Arbitration in Europe
Private-Public Arbitration in English Law: The Splendid Isolation of Arbitration from Public Law
The Private-Public Divide and Its Influence over French Arbitration Law: Tradition and Transition
Eroding the Rule of Law through Private-Public Arbitration? Constitutionalization of Private-Public Arbitration in the German Legal System
Private-Public Arbitration in Spain: Legislative Timidity in the Shadow of the Constitution
Private-Public Arbitration under Greek Law: A (Nearly Complete) Public Law Paradigm
Can a State Swim against the Tide? Hungarian Perspectives on Public-Private Arbitration
Protection of the Public Interest in Private-Public Arbitration in the Baltic States
Part II. Private-Public Arbitration in the Americas and the Pacific
Whither Leviathan? The Seepage of Constitutional Law into Public-Private Arbitration in the United States
The Extrinsic Factors of World Trade that Galvanized Mexican Public-Private Arbitration during the Pre-NAFTA Years and the Evolution of Safeguards for the Public Interest
Reconciling Arbitral and Constitutional Governance: The Critical Role of the (Caribbean) Courts
The Legitimacy of Private-Public Arbitration in Argentina and Its Slight, but Yet Strong Differences with Private-Private Arbitration
Part III. Private-Public Arbitration in Asia, Africa, and Australia
Public-Private Arbitration in the Iranian Legal System: The Intersection of Preferential Rights and Constitutional Constraints on Arbitration
The Attorney General as Guardian of the Public Interest and the Evolution of Private-Public Arbitration in Israel
Living on the Edge of Judicial Review: The Law and Practice of Private-Public Arbitration in Pakistan
China’s Bifurcated Attitudes towards Private-Public Arbitration
Public Policy Dimensions of Public-Private Arbitration: Recent Development and New Awareness in Korea
The Constitutional and Public Interest Foundations of Public-Private Arbitration in Ghana
The Dichotomy of Arbitration with the State in South Africa
Private-Public Arbitration in Australia: Public Law Concerns, Private Law Responses
Annex: Country Questionnaire
