Parallel proceedings are on the rise around the world as parties seek to establish a strategic advantage over their opponents by filing competing claims in different fora. Although there are times when multiple actions are allowed or even necessary, one of the most common responses to...

Conventional wisdom considers post-dispute arbitration agreements involving large numbers of parties to be impossible to obtain due to difficulties associated with obtaining consent from the various parties. However, the recent jurisdictional award in Abaclat v. Argentine Republic suggests...

Trusts and their civil law equivalents, often known as foundations or associations, play a large and increasing role in the global economy, holding trillions of dollars worth of assets and generating billions of dollars worth of revenue and trustees' fees annually. Once considered nothing more...

With hostile trust litigation reaching epidemic proportions, many people within the trust industry are interested in identifying new and less expensive ways to resolve trust-related disputes. Arbitration is often proposed as a possible alternative, although questions exist about whether and to...

Class arbitration is a dispute resolution device that takes certain procedures more commonly seen in judicial class actions and transplants them into arbitration. The mechanism is of great interest in North America right now, with both the U.S. Supreme Court and the Supreme Court of Canada...

For years, the international legal community has debated the propriety of large-scale arbitration. Most of the analysis has focused on the pros and cons of class arbitration, based on the apparent assumption that any future forms of large-scale arbitration will follow the model initially...

La versión española de este artículo se puede encontrar en: "http://ssrn.com/abstract=2302829" http://ssrn.com/abstract=2302829.International commercial arbitration is often praised for its high degree of procedural autonomy, which allows parties to tailor the procedures to suit the dispute...