Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime?
3 Yearbook on International Arbitration (Forthcoming)
32 Pages Posted: 12 Jun 2012
Date Written: June 12, 2012
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
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By S.i. Strong