Open Access. Powered by Scholars. Published by Universities.®
- Discipline
Articles 1 - 2 of 2
Full-Text Articles in Law
Resolving Mass Legal Disputes Through Class Arbitration: The United States And Canada Compared, S. I. Strong
Resolving Mass Legal Disputes Through Class Arbitration: The United States And Canada Compared, S. I. Strong
Faculty Publications
This article compares three issues that have arisen as a result of recent Supreme Court decisions in both countries: the circumstances in which class arbitration is available; the procedures that must or may be used; and the nature of the right to proceed as a class. In so doing, the article not only offers valuable lessons to parties in the U.S. and Canada, but also provides observers from other countries with a useful framework for considering issues relating to the intersection between collective relief and arbitration.
Does Class Arbitration "Change The Nature" Of Arbitration? Stolt-Nielsen, At&T And A Return To First Principles, S. I. Strong
Does Class Arbitration "Change The Nature" Of Arbitration? Stolt-Nielsen, At&T And A Return To First Principles, S. I. Strong
Faculty Publications
In Stolt-Nielsen S.A. v. AnimalFeeds International Corp., the United States Supreme Court stated that class arbitration “changes the nature of arbitration,” an idea that was also reflected in the Supreme Court’s subsequent decision in AT&T Mobility LLC v. Concepcion. Certainly class proceedings do not resemble the traditional view of arbitration as a swift, simple and pragmatic bilateral procedure with few witnesses, documents or formalities, but do these types of large-scale disputes violate the fundamental nature of the arbitral procedure? This article answers that question by considering the jurisprudential nature of arbitration and determining whether and to what extent class arbitration …