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

Hague Yearbook of International Law, Vol. 23, 2010

University of Missouri School of Law Legal Studies Research Paper No. 2011-16

Posted: 17 Jun 2011

See all articles by S.I. Strong

S.I. Strong

The University of Sydney Law School

Date Written: 2011

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

Suggested Citation

Strong, S.I., Class and Collective Relief in the Cross-Border Context: A Possible Role for the Permanent Court of Arbitration (2011). Hague Yearbook of International Law, Vol. 23, 2010, University of Missouri School of Law Legal Studies Research Paper No. 2011-16, Available at SSRN: https://ssrn.com/abstract=1866326

S.I. Strong (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

HOME PAGE: http://https://sydney.edu.au/law/about/our-people/academic-staff/stacie-strong.html

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