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Contents
- Preliminary Material
- Main Text
- 1 Introduction
- 2 Rules and Procedures
- I Introduction
- II Initiation of Class, Mass, or Collective Arbitrations
- III Procedures
- 2.25
- A Class Arbitration
- 1 Non-rules-based models
- 2 General rules
- 3 Specialized rules
- 2.33
- 2.34
- a The AAA Supplementary Rules and the JAMS Class Action Procedures
- b The NAF Class Procedures
- B Mass Arbitration
- C Collective Arbitration
- 2.143
- 2.144
- 1 Non-rules-based models of collective arbitration
- 2 The DIS Supplementary Rules
- 2.148
- a Scope and application
- b Treatment of individuals who have an interest in the outcome of the dispute
- c Privacy and confidentiality
- d Substantive amendments to the Statement of Claim
- e Appointment of arbitrators
- f Procedures relating to parallel proceedings
- g Issues as to costs
- h Means of ensuring the finality of the award
- 3 The Spanish statute
- 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?
- A Effect of a Negative Determination
- B Analyzing Class, Mass, and Collective Procedures
- VI Forward-Looking Concerns
- 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
- 5 Regulatory Elements of Class, Mass, and Collective Arbitration
- 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
- 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
- Further Material
- Appendix: Ley 231/2008 Regulating the Consumer Arbitration System
- Ch.5
- Special procedures
- s.2 —Collective Consumer Arbitration
- Art.56 Collective consumer arbitration
- Art.57 Arbitral Board competent to coordinate collective consumer arbitration
- Art.58 Initiation of actions
- Art.59 Acceptance of the arbitration by the business and contacting the affected persons
- Art.60 Suspension of the transmission of the petitions for arbitration and the exception for collective arbitration
- Art.61 Arbitral submissions presented outside of the period of publication notice
- Art.62 Deadline to render the award
- s.2 —Collective Consumer Arbitration
- Special procedures
- Ch.5
- Select Bibliography
- Table of Cases
- Index
- Appendix: Ley 231/2008 Regulating the Consumer Arbitration System
