Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Feasibility Of Class Arbitration

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

While the notion of class arbitration has been a theoretical possibility for many years, class arbitration was not viewed as a device of any prominence until the decision of the U.S. Supreme Court in June 2003 in Green Tree Financial Corp. v. Bazzle. It is important to stress that, in Green Tree, the Supreme Court did not fashion a change in the law; it did not hold for the first time that class actions could be brought in the arbitration context. The Supreme Court addressed a narrower question: Given that a case may be submitted to arbitration on behalf of a class, who, as between a court and an arbitrator, has the authority to determine whether an arbitration clause that is silent on the issue permits a case to be submitted on behalf of a class? The Court held that it is for an arbitrator to decide.

Keywords: arbitration clause; arbitrator; class actions; class arbitration; Green Tree Financial Corp. v. Bazzle; U.S. Supreme court

10.1163/ej.9789004175556.i-382.65
/content/books/10.1163/ej.9789004175556.i-382.65
dcterms_subject,pub_keyword
6
3
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    Contemporary Issues in International Arbitration and Mediation: The Fordham Papers (2008) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation