The Comparative Constitutional Foundations of Private-Public Arbitration

Stephan W. Schill, Professor of International and Economic Law and Governance, University of Amsterdam

Stephan W. Schill is Professor of International and Economic Law and Governance at the University of Amsterdam, where he headed the European Research Council-funded research project 'Transnational Public-Private Arbitration as Global Regulatory Governance'. He is admitted to the bar in Germany and New York, is a Member of the ICSID List of Conciliators, and regularly acts as arbitrator in investor-state arbitrations. He also serves as General Editor of ICCA Publications and has published widely on international investment law, investor-state dispute settlement, general international law, EU law, and comparative public law.

1. The Comparative Constitutional Foundations of Private-Public Arbitration: An Introduction, Stephan W SchillPart I. Private-Public Arbitration in Europe2. Private-Public Arbitration in English Law: The Splendid Isolation of Arbitration from Public Law, Stavros Brekoulakis and Margaret Devaney3. The Private-Public Divide and Its Influence over French Arbitration Law: Tradition and Transition, Florian Grisel4. Eroding the Rule of Law through Private-Public Arbitration? Constitutionalization of Private-Public Arbitration in the German Legal System, Stephan W Schill and Nadine Berger5. Private-Public Arbitration in Spain: Legislative Timidity in the Shadow of the Constitution, Victor Ferreres Comella and Pol Fontboté Pradilla6. Private-Public Arbitration under Greek Law: A (Nearly Complete) Public Law Paradigm, Nikolaos Askotiris7. Can a State Swim against the Tide? Hungarian Perspectives on Public-Private Arbitration, Csongor István Nagy8. Protection of the Public Interest in Private-Public Arbitration in the Baltic States, Egle Zemlyte, Tadas Varapnickas, Inga Kacevska, Aleksandrs Fillers, Karin Sein, and Pirkka-Marja PõldverePart II. Private-Public Arbitration in the Americas and the Pacific9. Whither Leviathan? The Seepage of Constitutional Law into Public-Private Arbitration in the United States, Peter B Rutledge10. The Extrinsic Factors of World Trade that Galvanized Mexican Public-Private Arbitration during the Pre-NAFTA Years and the Evolution of Safeguards for the Public Interest, Orlando Federico Cabrera Colorado and Andrea Orta González Sicilia11. Reconciling Arbitral and Constitutional Governance: The Critical Role of the (Caribbean) Courts, Conway Blake12. The Legitimacy of Private-Public Arbitration in Argentina and Its Slight, but Yet Strong Differences with Private-Private Arbitration, Diego P Fernández Arroyo, Francisco Amallo, and Ezequiel H VetulliPart III. Private-Public Arbitration in Asia, Africa, and Australia13. Public-Private Arbitration in the Iranian Legal System: The Intersection of Preferential Rights and Constitutional Constraints on Arbitration, Jamal Seifi and Kamal Javadi14. The Attorney General as Guardian of the Public Interest and the Evolution of Private-Public Arbitration in Israel, Tamar Meshel15. Living on the Edge of Judicial Review: The Law and Practice of Private-Public Arbitration in Pakistan, Ahmad Ghouri16. China’s Bifurcated Attitudes towards Private-Public Arbitration, Manjiao Chi17. Public Policy Dimensions of Public-Private Arbitration: Recent Development and New Awareness in Korea, Jaemin Lee18. The Constitutional and Public Interest Foundations of Public-Private Arbitration in Ghana, Dominic Npoanlari Dagbanja19. The Dichotomy of Arbitration with the State in South Africa, Engela C Schlemmer20. Private-Public Arbitration in Australia: Public Law Concerns, Private Law Responses, Caroline HenckelsAnnex: Country Questionnaire