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Vol 21 No 11 Nov/Dec 2016

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Class, Mass and Collective Arbitration in National and International Law


ISBN13: 9780199772520
Published: November 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £127.50



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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.

Class, Mass and Collective Arbitration in National and International Law 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. and 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. Lawyers in a wide variety of jurisdictions will benefit from the material contained in this text, which is the first full-length monograph to address large-scale arbitration as a matter of national and international law.

Subjects:
Other Jurisdictions , Arbitration and Dispute Resolution, USA
Contents:
CHAPTER 1 INTRODUCTION
I. INTRODUCTION
II. A BRIEF HISTORY OF LARGE-SCALE ARBITRATION
III. USES OF CLASS, MASS AND COLLECTIVE ARBITRATION

CHAPTER 2 RULES AND PROCEDURES
I. INTRODUCTION
II. INITIATION OF CLASS, MASS OR COLLECTIVE ARBITRATIONS
III. PROCEDURES

CHAPTER 3 IS LARGE-SCALE ARBITRATION REALLY ARBITRATION?
I. INTRODUCTION
II. THE QUESTION ARISES - STOLT-NIELSEN S.A. V. ANIMALFEEDS INTERNATIONAL CORP.
III. DISTINGUISHING CLASS, MASS AND COLLECTIVE ARBITRATION FROM OTHER MULTIPARTY PROCEEDINGS
IV. CLASS, MASS AND COLLECTIVE PROCEEDINGS AND THE NATURE OF ARBITRATION
V. DO CLASS, MASS OR COLLECTIVE ARBITRATION CHANGE THE NATURE OF ARBITRATION?
VI. FORWARD-LOOKING CONCERNS

CHAPTER 4 INTERPRETING THE ARBITRATION AGREEMENT
I. INTRODUCTION
II. INTERPRETATION OF ARBITRATION AGREEMENTS IN CASES INVOLVING CLASS, MASS AND COLLECTIVE CLAIMS
III. INTERPRETING AGREEMENTS THAT ARE SILENT OR AMBIGUOUS REGARDING CLASS, MASS OR COLLECTIVE TREATMENT
IV. WAIVERS OF CLASS, MASS OR COLLECTIVE TREATMENT

CHAPTER 5 REGULATORY ELEMENTS OF CLASS, MASS AND COLLECTIVE ARBITRATION
I. INTRODUCTION
II. LARGE-SCALE LITIGATION AS A FORM OF REGULATION
III. REGULATORY ARBITRATION
IV. REGULATORY ARBITRATION IN CONTEXT

CHAPTER 6 THE FUTURE OF CLASS, MASS AND COLLECTIVE ARBITRATION
I. INTRODUCTION
II. RELATIVE BENEFITS OF CLASS, MASS AND COLLECTIVE PROCEEDINGS
III. NEW FORMS OF CLASS, MASS AND COLLECTIVE ARBITRATION
IV. CREATING AN ENFORCEABLE ARBITRATION AGREEMENT FOR CLASS, MASS OR COLLECTIVE DISPUTES

CHAPTER 7 ENFORCEMENT OF CLASS, MASS AND COLLECTIVE AWARDS
I. INTRODUCTION
II. ISSUES REGARDING INTERNATIONAL ENFORCEMENT OF LARGE-SCALE ARBITRAL AWARDS
III. ISSUES REGARDING NATIONAL ENFORCEMENT OF LARGE-SCALE ARBITRAL AWARDS
IV. CONCLUSION

APPENDIX
SPANISH STATUTE ON COLLECTIVE CONSUMER ARBITRATION