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

Document Type

Article

Publication Date

2010

Abstract

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.

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