Class, Mass, and Collective Arbitration in National and International Law

by Strong, S.I.

• ISBN13: 9780190259983
• ISBN10: 0190259981
• Format: eBook
• Copyright: 2013-10-22
• Publisher: Oxford University Press

Summary

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.

Author Biography

S.I. Strong is the Manley O. Hudson Professor of Law and Senior Fellow at the Center for the Study of Dispute Resolution 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 been 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.