Class and Group Actions in Arbitration - Couverture rigide

Hanotiau, Bernard

Couverture rigide

ISBN 10 : 904118385X ISBN 13 : 9789041183859

Editeur : Kluwer Law International, 2016

Synopsis

Several decades ago, a typical arbitration would involve one claimant against one respondent. Over the years, more and more cases involve several claimants against several respondents. Today, one third of all international ICC arbitrations seem to involve multiparty cases, multi-contract cases involving multiple contracts, multiple parties. The evolution has continued and the debate today is whether it would be possible for a class of people in the same situation or a group of citizens having the same interest to start one single arbitration procedure as a group or as a class. This publication examines the complex issues involved in class or group arbitration on a comparative law basis. Is there a place for such proceedings within the framework of the arbitration process? Class action procedures, as developed in the United States court system and more recently in Canada, are almost nonexistent in Europe. The European Commission has advocated collective redress as an important means of access to justice but class actions have found little enthusiasm in the Members States. The book highlights the lessons which have been learned from the experience of cases in the US and in Europe. What does the future hold for class, collective and mass arbitrations? Are they a marginal phenomenon or has their potential yet to be realized? What are possible solutions to the issues that have been encountered? Can we expect to see more of such arbitrations in the future? Written by arbitrators, academics and practitioners, this Dossier will provide the answers to these questions and many more.

A propos du livre

À propos de l'auteur

Bernard Hanotiau is a member of the Brussels and Paris Bars and a Partner of Hanotiau & van den Berg. The firm has offices in Brussels and Singapore. Mr Hanotiau is Professor Emeritus of the law school of Louvain University (Belgium). He is a member of the ICCA Governing Board and of the Council of the ICC Institute. He is a member of the Court of Arbitration of SIAC, of the Advisory Board of HKIAC and of the Governing Board of DIAC (Dubai) and a former Vice-President of the LCIA Court. Since 1978, Mr Hanotiau has been actively involved in more than 400 international arbitration cases. In March 2011, he received the GAR Arbitrator of the Year award. Eric Schwartz was educated at Dartmouth College (B.A.) and Yale University (J.D.) and is a member of the bars of both California and Paris. He is currently a Partner of King & Spalding in New York and Paris and formerly served as Secretary General (1992-1996) and as a member and Vice-President (2006-2015) of the ICC International Court of Arbitration. Over the last 35 years, in addition to his tenure at the ICC, Mr Schwartz has acted as counsel or as an arbitrator in over 100 international arbitration proceedings under all of the principal international arbitration rules and in all of the principal European arbitration venues, as well as in Africa, Asia and the U.S. He is the co-author (with Yves Derains) of A Guide to the ICC Rules of Arbitration as well as dozens of other publications on international arbitration law and practice.

Détails de l'édition

• Éditeur: Kluwer Law International
• Date d'édition: 2016
• Langue: anglais
• ISBN 10: 904118385X
• ISBN 13: 9789041183859
• Reliure: Relié
• Nombre de pages: 232
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible