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Class, Mass and Collective Arbitration in National and International Law by Strong, SI (19th September 2013)

3 Is Large-Scale Arbitration Really Arbitration?

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

SI Strong

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 27 May 2020

Subject(s):
Arbitral agreements — Treaty provisions — Contract claims — Damages — Judges — Arbitrators — Arbitral tribunals
3.1 One of the most challenging issues facing class, mass, and collective arbitration is the notion that such procedures are somehow different in kind from “real” arbitration. This debate has been most active in the United States and is based on certain language from the U.S. Supreme Court in Stolt-Nielsen S.A. v. AnimalFeeds International Corp., which claimed that class arbitration “changes the nature” of arbitration.1 3.2 Although similar concerns have been raised in other contexts,2 discussions about the nature of large-scale arbitration are much less prevalent...
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