Cookies Policy

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

9 Why is Class Arbitration Unpopular across the Pond?

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

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



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 (2013) — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation