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.
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