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Edited by: Mark Arnold KC, Simon Mortimore KC
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Arbitration and the Constitution


ISBN13: 9781107435902
Published: August 2014
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback (Hardback in 2013)
Price: £31.99
Hardback edition , ISBN13 9781107006119



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Arbitration has become an increasingly important mechanism for dispute resolution, both in the domestic and international setting. Despite its importance as a form of state-sanctioned dispute resolution, it has largely remained outside the spotlight of constitutional law.

This landmark work represents one of the first attempts to synthesize the fields of arbitration law and constitutional law. Drawing on the author's extensive experience as a scholar in arbitration law who has lectured and studied around the world, the book offers unique insights into how arbitration law implicates issues such as separation of powers, federalism and individual liberties.

Subjects:
Constitutional and Administrative Law, Other Jurisdictions , USA, Arbitration and Alternative Dispute Resolution
Contents:
Part I. Arbitration and Separation of Powers:
1. Article III and judicial review
2. Executive power and the arbitral award

Part II. Arbitration and Federalism:
3. Preemption and the residual role of state law
4. The significance of party choice

Part III. Arbitration and Individual Rights:
5. State action and due process
6. The jury right.