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Synopsis
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. New & Used
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What Reviewers Are Saying
Strong accomplishes her aim in a thoughtful, lucid, and commendably concise way ... There is no doubt that her taxonomy of the forms of large-scale arbitrations (representative and aggregative arbitration) will continue to inform the debate on the appropriate characterization of multiparty investment arbitration. Abaclat has already relied upon her classification to understand whether mass claims are representative or aggregative in nature; future potential
mass claims such as Adamakopolous v Cyprus (initiated by 676 claimants) will continue to gain from her insight. * Ridhi Kabra, Journal of International Economic Law * Professor Strong's latest work is a comprehensive and thoughtful treatment of a topic of exceptional practical and academic interest. In both descriptive and prescriptive discussions, Professor Strong's analysis is invariably both informative and provocative. A must for both practitioners and academics. * Gary Born, Partner at Wilmer Cutler Pickering Hale and Dorr LLP * A superb analysis of a complex, and increasingly significant, area of arbitration law and practice. * William Park, Professor of Law, Boston University. President, London Court of International Arbitration. General Editor, Arbitration International * Professor Strong's work is an extremely welcome and important addition to the commentary on the use and development of group arbitration. More generally, it is a very valuable contribution to the broader subject of arbitration and its theoretical roots. * Gary Born, Kluwer Arbitration Blog * Professor Strong's prior work has already been drawn on in arbitral awards addressing large-scale claims. That her views are now recorded in what is most likely to become the leading text on the subject will likely ensure that this continues. Additionally it seems probable that her book will become a go-to resource for counsel who find themselves advising on such disputes. * Simon Maynard, The Journal of World Investment and Trade * Rigorously constructed and extremely well written. A superb addition to our arbitration library. * Bernard Hanotiau, Arbitration International *
mass claims such as Adamakopolou