Collective Arbitration
Abstract
Collective mechanisms serve to effectively protect injured parties from mass harm situations and enable the associated claims to be settled once and for all. Different types of large-scale arbitration systems are used in different jurisdictions to settle mainly domestic disputes. In the United States, class arbitration is the most widely used type of collective arbitration mechanism. The jurisprudence of the US Supreme Court has been instrumental in the development of this system. For example, these mechanisms change the nature of arbitration in accordance with the jurisprudence of the Supreme Court. It can be stated that there are differences between collective arbitration mechanisms and traditional arbitration, which may pose certain problems, particularly regarding the enforceability of awards. In Europe, class actions are not appreciated although the European Union is trying to create collective redress mechanisms. As a result, two models of collective arbitration have been developed in Europe, which differ from class arbitration. Collective arbitration proceedings that may have the benefits of both arbitration and collective proceedings are still in the development phase and will most likely continue to be used for internal disputes.
Keywords
Supporting Institution
References
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Details
Primary Language
English
Subjects
Law in Context
Journal Section
Research Article
Authors
M. Talha Konukpay
*
This is me
Türkiye
Publication Date
December 3, 2019
Submission Date
January 28, 2019
Acceptance Date
September 23, 2019
Published in Issue
Year 2019 Volume: 39 Number: 2