Journal Article

From Class to Collective: The De-Americanization of Class Arbitration

in Arbitration International

Published on behalf of The London Court of International Arbitration

Volume 26, issue 4, pages 493-548
Published in print December 2010 | ISSN: 0957-0411
Published online September 2014 | e-ISSN: 1875-8398 | DOI: https://dx.doi.org/10.1093/arbitration/26.4.493
From Class to Collective: The De-Americanization of Class Arbitration

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Opponents to international class arbitration (also known as ‘class action arbitration’ or ‘classwide arbitration’) frequently characterize the procedure as a ‘ “uniquely American” device’ and take the view that the procedure never could or never should expand beyond the United States. However, a growing number of commentators believe that large-scale group arbitration can or will spread beyond US borders, although that does not necessarily mean that the procedures adopted will or should be the same as those used in US-style class arbitrations. This article considers what these new forms of group arbitration – described herein as ‘collective arbitration’ to mirror terminology used to describe collective redress in national courts – will look like in terms of procedure. The discussion also includes analysis of certain potential problem areas, using analogies to the American Arbitration Association (AAA) Supplementary Rules for Class Arbitration as a guide, and addresses the likely enforceability of awards arising out of such actions under the New York Convention.

Journal Article.  30747 words. 

Subjects: Arbitration ; Company and Commercial Law ; Competition Law ; Employment and Labour Law ; Settlement of Disputes

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