Class, Mass and Collective Arbitration in National and International Law

Hardcover | November 5, 2013

byS.I. Strong

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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 collectivearbitration 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, advocatesand 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 ATandT 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 bythe 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 bookdiscusses 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 monographto address large-scale arbitration as a matter of national and international law.

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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 collectivearbitration being seen in Europe and mass arbitra...

S.I. Strong is Associate Professor of Law at the University of Missouri School of Law. She is a leading authority on class, mass and collective arbitration, having published over twenty-five articles on large-scale and multiparty procedures in Europe and the Americas in addition to numerous other books and articles on international di...

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Format:HardcoverDimensions:400 pages, 9.25 × 6.12 × 0.98 inPublished:November 5, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199772525

ISBN - 13:9780199772520

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Table of Contents

1. IntroductionI. IntroductionII. A Brief History of Large-Scale ArbitrationIII. Uses of Class, Mass and Collective Arbitration2. Rules and ProceduresI. IntroductionII. Initiation of Class, Mass or Collective ArbitrationsIII. Procedures3. Is Large-Scale Arbitration Really Arbitration?II. The Question Arises - Stolt-Nielsen S.A. v. AnimalFeeds International Corp.III. Distinguishing Class, Mass and Collective Arbitration From Other Multiparty ProceedingsIV. Class, Mass and Collective Proceedings and the Nature of ArbitrationV. Do Class, Mass or Collective Arbitration Change The Nature Of Arbitration?VI. Forward-Looking Concerns4. Interpreting the Arbitration AgreementI. IntroductionII. Interpretation of Arbitration Agreements in Cases Involving Class, Mass and Collective ClaimsIII. Interpreting Agreements That Are Silent or Ambiguous Regarding Class, Mass or Collective TreatmentIV. Waivers of Class, Mass or Collective Treatment5. Regulatory Elements of Class, Mass and Collective ArbitrationI. IntroductionII. Large-Scale Litigation as a Form of RegulationIII. Regulatory ArbitrationIV. Regulatory Arbitration in Context6. The Future of Class, Mass and Collective ArbitrationI. IntroductionII. Relative Benefits of Class, Mass and Collective ProceedingsIII. New Forms of Class, Mass and Collective ArbitrationIV. Creating an Enforceable Arbitration Agreement for Class, Mass or Collective Disputes7. Enforcement of Class, Mass and Collective AwardsI. IntroductionII. Issues Regarding International Enforcement of Large-Scale Arbitral AwardsIII. Issues Regarding National Enforcement of Large-Scale Arbitral AwardsIV. ConclusionAppendixSpanish Statute on Collective Consumer Arbitration