Class, Mass, and Collective Arbitration in National and International Law
S.I. Strong
Abstract
Class arbitration first developed in the United States in the 1980s as a means of providing large numbers of individuals with the opportunity to assert their claims at the same time and in the same proceeding. Large-scale arbitration has since spread beyond U.S. borders, with collective arbitration being seen in Europe and mass arbitration being used in the international investment regime. This book considers all three forms of arbitration as a matter of domestic and international law, providing arbitrators, advocates and scholars with the tools they need to evaluate these sorts of procedural ... More
Class arbitration first developed in the United States in the 1980s as a means of providing large numbers of individuals with the opportunity to assert their claims at the same time and in the same proceeding. Large-scale arbitration has since spread beyond U.S. borders, with collective arbitration being seen in Europe and mass arbitration being used in the international investment regime. This book considers all three forms of arbitration as a matter of domestic and international law, providing arbitrators, advocates and scholars with the tools they need to evaluate these sorts of procedural mechanisms. The book covers the best-known decisions in the field—Stolt-Nielsen S.A. v. Animal Feeds International Corp., AT&T Mobility LLC v. Concepcion from the U.S. Supreme Court, and Abaclat v. Argentine Republic from the world of investment arbitration—as well as specialized rules promulgated by the American Arbitration Association, JAMS and the German Institution of Arbitration (DIS). The text introduces dozens of previously undiscussed judicial opinions and covers issues ranging from contractual (or treaty) silence and waiver to regulatory concerns and matters of enforcement. The book discusses the entire timeline of class, mass and collective arbitration, ranging from the devices' historical origins through the present and into the future.
Keywords:
class arbitration,
collective arbitration,
mass arbitration,
international investment,
American Arbitration Association,
JAMS,
German Institution of Arbitration,
judicial opinion
Bibliographic Information
| Print publication date: 2013 |
Print ISBN-13: 9780199772520 |
| Published to Oxford Scholarship Online: April 2015 |
DOI:10.1093/acprof:osobl/9780199772520.001.0001 |
