International Arbitration and EU Law
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International Arbitration and EU Law

Edited by José R. Mata Dona and Nikos Lavranos

This book examines the intersection of EU law and international arbitration based on the experience of leading practitioners in both commercial and investment treaty arbitration law. It expertly illustrates the depth and breadth of EU law’s impact on party autonomy and on the margin of appreciation available to arbitral tribunals.
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Chapter 9: COLLECTIVE REDRESS ARBITRATION IN THE EUROPEAN UNION

S. I. Strong

Abstract

Although collective redress has become increasingly important in the European Union in recent years, the European mindset toward large-scale arbitration reflects two fundamental misconceptions. First, European scholars and policymakers often fail to appreciate the factors that drive development of large-scale arbitral mechanisms and the extent to which those features exist in certain EU Member States, and second, the majority of European lawyers and lawmakers mistakenly believe that US-style class arbitration is the only type of large-scale arbitration possible. This chapter corrects these misperceptions by analysing the legal and social pressures that influence the development of large-arbitration so as to determine whether and to what extent new arbitral mechanisms might develop in EU Member States. The chapter also provides overview of existing and anticipated forms of collective redress arbitration in Europe and offers guidance about how the EU and its Member States might move forward in this area of law.

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