Democratizing International Arbitration? Mass Claims Proceedings in Abaclat v. Argentina
1 Journal of International and Comparative Law 55 (2014)
St. Thomas University School of Law (Florida) Research Paper No. 2014-06
31 Pages Posted: 25 Jul 2014 Last revised: 4 Sep 2014
Date Written: 2014
Abstract
Mass claims have been accepted, in principle, in the landmark 2011 ICSID Decision on Jurisdiction and Admissibility of Abaclat v. Argentina. Welcoming this development as providing novel access for the common man and woman to international investment arbitration, the author explores related streamlined procedures in domestic and international law -- such as class actions and international mass claims commissions as well as vanguard use of technology and statistical methods -- that allow the processing of a high number of claims arising from common factual and/or legal issues with a view toward elaborating rules and mechanisms tailor-made for the context of international arbitration.
Keywords: Mass claims, mass claims proceedings, international arbitration, international investment arbitration, ICSID, democratization, investment treaties, class action
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