Class, Mass, and Collective Arbitration in National and International Law

S.I. Strong is Associate Professor of Law at the University of Missouri School of Law. She is a leading authority on class, mass and collective arbitration, having published over twenty-five articles on large-scale and multiparty procedures in Europe and the Americas in addition to numerous other books and articles on international dispute resolution and comparative law.Professor Strong has extensive experience as a dual-qualified practitioner (U.S.-England), having acted as Counsel at Baker & McKenzie after working in the New York and London offices of Weil, Gotshal & Manges. Professor Strong has taught at Georgetown Law Center in Washington, D.C. as well as the University of Cambridge and the University of Oxford in the United Kingdom. Professor Strong has provided expert assistance to state agencies in various jurisdictions and is the author of International Commercial Arbitration: A Guide for U.S. Judges (2012).

• Chapter 1 Introduction ; I. Introduction ; II. A Brief History of Large-Scale Arbitration ; III. Uses of Class, Mass and Collective Arbitration ; Chapter 2 Rules and Procedures ; I. Introduction ; II. Initiation of Class, Mass or Collective Arbitrations ; III. Procedures ; Chapter 3 Is Large-Scale Arbitration Really Arbitration? ; I. Introduction ; II. The Question Arises - Stolt-Nielsen S.A. v. AnimalFeeds International Corp. ; III. Distinguishing Class, Mass and Collective Arbitration From Other Multiparty Proceedings ; IV. Class, Mass and Collective Proceedings and the Nature of Arbitration ; V. Do Class, Mass or Collective Arbitration Change The Nature Of Arbitration? ; VI. Forward-Looking Concerns ; Chapter 4 Interpreting the Arbitration Agreement ; I. Introduction ; II. Interpretation of Arbitration Agreements in Cases Involving Class, Mass and Collective Claims ; III. Interpreting Agreements That Are Silent or Ambiguous Regarding Class, Mass or Collective Treatment ; IV. Waivers of Class, Mass or Collective Treatment ; Chapter 5 Regulatory Elements of Class, Mass and Collective Arbitration ; I. Introduction ; II. Large-Scale Litigation as a Form of Regulation ; III. Regulatory Arbitration ; IV. Regulatory Arbitration in Context ; Chapter 6 The Future of Class, Mass and Collective Arbitration ; I. Introduction ; II. Relative Benefits of Class, Mass and Collective Proceedings ; III. New Forms of Class, Mass and Collective Arbitration ; IV. Creating an Enforceable Arbitration Agreement for Class, Mass or Collective Disputes ; Chapter 7 Enforcement of Class, Mass and Collective Awards ; I. Introduction ; II. Issues Regarding International Enforcement of Large-Scale Arbitral Awards ; III. Issues Regarding National Enforcement of Large-Scale Arbitral Awards ; IV. Conclusion ; Appendix ; Spanish Statute on Collective Consumer Arbitration

Strong accomplishes her aim in a thoughtful, lucid, and commendably concise way ... There is no doubt that her taxonomy of the forms of large-scale arbitrations (representative and aggregative arbitration) will continue to inform the debate on the appropriate characterization of multiparty investment arbitration. Abaclat has already relied upon her classification to understand whether mass claims are representative or aggregative in nature; future potential mass claims such as Adamakopolous v Cyprus (initiated by 676 claimants) will continue to gain from her insight.