11 Class Action Arbitration
William H. Baker
Edited By: James H. Carter, John Fellas
- Jurisdiction — International criminal law, conduct of proceedings — Arbitrators — Recognition and enforcement
This chapter outlines the practices relevant to class arbitration, a relatively recent phenomenon in the United States. Most of these arbitrations are exclusively between domestic parties and often arise out of arbitration clauses inserted in the fine print of consumer or employment contracts. In some cases, however, foreign companies have entered into what may have appeared to be simple, single-party arbitration clauses, only to find themselves embroiled in class action arbitrations. In fact, it behooves international arbitration practitioners to be aware of class action arbitration law and procedures in New York and in the United States generally. The chapter thus enumerates significant developments in class arbitration law in the U.S. in recent years, which have come about due to a series of U.S. Supreme Court decisions.