Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime?

3 Yearbook on International Arbitration (Forthcoming)

University of Missouri School of Law Legal Studies Research Paper No. 2012-17

32 Pages Posted: 12 Jun 2012  

S.I. Strong

University of Missouri School of Law

Date Written: June 12, 2012

Abstract

Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) has been brought in an investment arbitration. This Article considers the propriety of those proceedings from a unique perspective, namely that of regulatory law. In so doing, this Article considers the regulatory nature of class, mass and collective proceedings as well as the regulatory purposes of the investment treaty regime so as to determine whether and to what extent the Abaclat majority acted in accordance with both principles.

Keywords: investment arbitration, international treaty, international arbitration, class action, class arbitration, civil procedure, regulation, regulatory law, public international law, public law, regulatory litigation, ICSID, alternative dispute resolution, arbitration, treaty arbitration, foreign investme

Suggested Citation

Strong, S.I., Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime? (June 12, 2012). 3 Yearbook on International Arbitration (Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2012-17. Available at SSRN: https://ssrn.com/abstract=2083219

S.I. Strong (Contact Author)

University of Missouri School of Law ( email )

Missouri Avenue & Conley Avenue
Columbia, MO 65211
United States

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