Summary
Class actions are an established form of collective redress (particularly in common law countries), originating from medieval group actions that date as far back as the 12th century AD. Class arbitration, however, is a relatively new development. In light of the increasing occurrence of mass claims (whether in the consumer, private antitrust, capital markets, or privacy law context) and the notoriously lengthy court process (with several levels of appeal), it may be worthwhile considering whether class arbitration could be a realistic option, and how such procedures could be shaped. This article sets out the hurdles as well as the opportunities of introducing a class arbitration system in Germany, and other EU member states. In doing so, it draws from the United States’ foray into class arbitration and Australia’s experiences with its class action regime to provide a comparative analysis.
b-Arbitra | Belgian Review of Arbitration