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9 Why is Class Arbitration Unpopular across the Pond?

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Chapter Summary

Class action, which is understood to be an extraordinary but yet acceptable procedure in the US, remains something which instills a touch of fear in European lawyers. Class arbitration procedure in Europe could be designed free from interference by Member States and it could be made available as and when required as an efficient and user-friendly dispute resolution method, which would be voluntarily selected by the relevant parties. The Rules of the Arbitration Institute of the Stockholm Chamber of Commerce as in force as of 1 January 2010 allow consolidation of new claims into a pending arbitration between the same parties and concerning the same legal relationship. The only possible way forward is to find a way to accommodate both existing class members and late-comers. It is suggested that there should be a two-stage appointment procedure.

Keywords: class action; class arbitration; class members; European lawyers; late-comers; Stockholm; US

10.1163/9789004274945_011
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