Edited by José R. Mata Dona and Nikos Lavranos
Chapter 9: COLLECTIVE REDRESS ARBITRATION IN THE EUROPEAN UNION
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.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.