Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration

Abstract:     
Collective redress of mass legal injuries is a topic of concern in numerous countries around the world, with cross-border disputes giving rise to particular problems due to actual and perceived clashes of law, policy and practice. This article considers whether arbitration might be preferable to litigation as a means of resolving large-scale international disputes. After considering how each procedure handles issues involving jurisdiction, conflict of laws, procedure and enforcement, the article concludes that class and collective arbitration may be in many ways superior to similar actions in court. The article ends with a discussion of the role that the Permanent Court of Arbitration might play in the development of this area of law.

Keywords: international, cross-border, disputes, arbitration, mass legal injuries

Accepted Paper Series