Author Description

The Chapter Introduces The Comparative Approach That The Book Takes To Analysing The Rising Phenomenon Of Private-public Arbitration And Its Impact On The Protection Of The Public Interest. The Chapter Argues That The Increasing Importance Of Private-public Arbitration Has To Be Analysed As Part Of A Transnational Governance System, Independently Of Whether It Plays Out In Cross-border Contexts Or Domestic Disputes That Are Seemingly Limited To One Jurisdiction. This, In Turn, Raises Concerns For Core Constitutional Values And The Protection Of The Public Interest, Including Democratic Accountability, The Rule Of Law, Human Rights. The Chapter Then Addresses The Use Of Comparative Constitutional Analysis To Problematize The Constitutional Concerns Private-public Arbitration Raises And Understand Commonalities And Differences In How Different Jurisdictions Regulate Private-public Arbitration And Ensure Compliance With The Public Interest. The Chapter Argues That Comparative Analysis Is Key In Aligning The Practice Of Private-public Arbitration With Constitutional Principles-- Provided By Publisher.