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The Comparative Constitutional Foundations of Private-Public Arbitration

Online ISBN:
9780191987960
Print ISBN:
9780198876687
Publisher:
Oxford University Press
Book

The Comparative Constitutional Foundations of Private-Public Arbitration

Stephan W Schill (ed.)
Stephan W Schill
(ed.)

Professor of International and Economic Law and Governance

University of Amsterdam
,
Netherlands (the)
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Published online:
28 April 2025
Published in print:
20 May 2025
Online ISBN:
9780191987960
Print ISBN:
9780198876687
Publisher:
Oxford University Press

Abstract

The book engages with the rising phenomenon of arbitrations between private and public actors and the concerns this raises for principles of constitutional law (specifically principles of democracy, the rule of law, and the protection of fundamental rights). It features twenty chapters dealing with almost forty jurisdictions from different corners of the world and examines how domestic legal systems and legal practice approach the involvement of public entities as parties to arbitration agreements and arbitration proceedings. It analyses 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 does not undermine, 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.

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