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

5 Regulatory Elements of Class, Mass, and Collective 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):
Arbitration — Claims — Treaty provisions — Arbitral agreements — Damages — Mediation — Arbitral tribunals
5.1 One of the most intriguing aspects of class, mass, and collective arbitration involves the potential that such actions have for acting in a regulatory manner. This capability is well recognized in judicial class actions in the United States, which are often justified on deterrent (i.e., regulatory) grounds.1 However, arbitration is often considered to serve the same goals as litigation,2 which raises the question of whether the concept of “regulatory litigation”3 can or should be extended to include class, mass, and collective arbitration.4 5.2 This...
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