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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.

Arbitration and award --- Class actions (Civil procedure) --- Arbitrage (Droit) --- Recours collectifs (Procédure civile) --- Arbitration and award. --- Class actions (Civil procedure). --- Recours collectifs (Procédure civile) --- Etats-Unis --- Colombie --- Canada --- Allemagne --- Espagne

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This text offers a novel, multi-pronged empirical analysis of legal reasoning in commercial disputes, comparing data across three different axes: the judicial-arbitral divide, the domestic-international divide, and the common law-civil law divide. In so doing, this volume provides important insights into how judges and arbitrators resolve complex commercial disputes in both national and international settings and conducts important comparisons between different procedures. The study includes three different empirical methodologies: a large-scale international survey, a series of semi-structured interviews, and a detailed quantitative (coding) exercise.

Arbitration and award. --- International commercial arbitration. --- Law --- Methodology. --- Dispute resolution (Law)

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In recent years, numerous jurisdictions have seen a significant shift in thinking about whether and to what extent matters involving the inner workings of a trust-so-called 'internal' trust disputes between settlors, trustees, and beneficiaries - are amenable to arbitration. Not only are parties expressing an increased desire to minimize the cost and delay of hostile trust litigation, but courts and legislatures from around the world have begun to demonstrate an increased willingness to allow these sorts of disputes to go to arbitration. Indeed, legislation allowing internal trust arbitration now exists in a number of jurisdictions, while courts in other countries have begun to allow mandatory arbitration of these types of disputes even in the absence of subject-specific statutes. This text discusses recent and anticipated developments concerning trust arbitration in a variety of domestic and cross-border settings.

International commercial arbitration. --- Dispute resolution (Law) --- Arbitration and award. --- Trusts and trustees.