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Class, Mass and Collective Arbitration in National and International Law

Class, Mass and Collective Arbitration in National and International Law

Author: S.I. Strong
Publisher: Oxford University Press USA
ISBN: 9780199772520
Published In: November 2013
Format: Hardback , 400 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This is the first book to deal comprehensively with class, mass and collective arbitration in a comparative context (or with any of these procedures individually).
Offers a detailed comparison of the different types of specialized rules on large-scale arbitration, including some that have not yet been discussed in legal literature.
Discusses how large-scale arbitration is likely to develop in new jurisdictions, either as an ad hoc mechanism or under non-specialized arbitral rules.
Provides numerous new authorities including cases and statutes that have not previously been discussed in legal literature.

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.

Readership: Practitioners in the U.S. and elsewhere specializing in commercial, investment, international, consumer, employment and labor disputes, Scholars in the U.S. and elsewhere specializing in large-scale (class, mass and collective) litigation and arbitration, Arbitrators in the U.S. and elsewhere working in areas that might be subject to large-scale arbitration.

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

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 dispute resolution and comparative law. Professor Strong has extensive experience as a dual-qualified practitioner (U.S.-England), having acted as Counsel at Baker & McKenzie after working in the New York and London offices of Weil, Gotshal & Manges. Professor Strong has taught at Georgetown Law Center in Washington, D.C. as well as the University of Cambridge and the University of Oxford in the United Kingdom. Professor Strong has provided expert assistance to state agencies in various jurisdictions and is the author of International Commercial Arbitration: A Guide for U.S. Judges (2012). Professor Strong's scholarly work has won numerous awards and has cited as authority to the U.S. Supreme Court and in ICSID awards. Professor Strong, who holds a Ph.D. in law from the University of Cambridge, a D.Phil. from the University of Oxford, a J.D. from Duke University, an M.P.W. from the University of Southern California and a B.A. from the University of California, sits as an arbitrator on a variety of commercial matters.