Book contents
- The Constitution of Arbitration
- Comparative Constitutional Law and Policy
- The Constitution of Arbitration
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- 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 Lawmaking Process
- 5 The Special Case of International Commercial Arbitration
- Part II Investment Treaty Arbitration
- Part III State-to-State Arbitration
- Index
3 - Boundaries and Constraints
from Part I - Arbitration and Private Law
Published online by Cambridge University Press: 11 March 2021
- The Constitution of Arbitration
- Comparative Constitutional Law and Policy
- The Constitution of Arbitration
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- 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 Lawmaking Process
- 5 The Special Case of International Commercial Arbitration
- Part II Investment Treaty Arbitration
- Part III State-to-State Arbitration
- Index
Summary
The right to arbitration is not absolute. The state is entitled to place restrictions on the arbitral process. This chapter discusses some important norms regarding impartiality, fairness, discrimination, substantive norms, reason-giving, and judicial review of awards. An important issue concerns the need for the state to ensure the reliability of arbitration when mandatory law is at stake or when consumer and employment controversies are arbitrated. A related problem arises when arbitrators confront legislation that is arguably inconsistent with the Constitution or with supranational law (such as European Union law). What should arbitrators when they believe the applicable legislation is not in conformity with higher law?
Keywords
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- Information
- The Constitution of Arbitration , pp. 49 - 81Publisher: Cambridge University PressPrint publication year: 2021