Overview

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.

Full Product Details

Author:   S.I. Strong ,  S I Strong
Publisher:   Oxford University Press Inc
Imprint:   Oxford University Press Inc
Dimensions:   Width: 23.60cm , Height: 2.50cm , Length: 16.30cm
Weight:   0.734kg
ISBN:  

9780199772520

ISBN 10:   0199772525
Pages:   432
Publication Date:   07 November 2013
Audience:   Professional and scholarly ,  College/higher education ,  Professional & Vocational ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand  
We will order this item for you from a manufactured on demand supplier.

Table of Contents

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

Reviews

<br> 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. <br>--Gary Born, Partner at Wilmer Cutler Pickering Hale and Dorr LLP <br><p><br> A superb analysis of a complex, and increasingly significant, area of arbitration law and practice. <br>--William Park, Professor of Law, Boston University. President, London Court of International Arbitration. General Editor, Arbitration International <br><p><br>

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

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

"""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"

Author Information

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.

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