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

Suggested Citation

Wiessner, Siegfried, Democratizing International Arbitration? Mass Claims Proceedings in Abaclat v. Argentina (2014). 1 Journal of International and Comparative Law 55 (2014), St. Thomas University School of Law (Florida) Research Paper No. 2014-06, Available at SSRN: https://ssrn.com/abstract=2471271

Siegfried Wiessner (Contact Author)

St. Thomas University School of Law ( email )

16401 N.W. 37th Ave.
Miami, FL 33054
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
281
Abstract Views
1,844
Rank
197,878
PlumX Metrics