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1 results

  • 3 - Boundaries and Constraints

  • from Part I - Arbitration and Private Law
  • Victor Ferreres Comella, Universitat Pompeu Fabra, Barcelona
  • Book:
    The Constitution of Arbitration
    Published online:
    11 March 2021
    Print publication:
    11 March 2021, pp 49-81

  • 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?