Democratizing International Arbitration? Mass Claims Proceedings in Abaclat v. Argentina
Journal of International and Comparative Law
Mass claims have been accepted, in principle, in the landmark 2011 ICSID Decision on Jurisdiction and Admissibility of Abaclat v. Argentina. Welcoming this development as providing novel access for the common man and woman to international investment arbitration, the author explores related streamlined procedures in domestic and international law -- such as class actions and international mass claims commissions as well as vanguard use of technology and statistical methods -- that allow the processing of a high number of claims arising from common factual and/or legal issues with a view toward elaborating rules and mechanisms tailor-made for the context of international arbitration.
Siegfried Wiessner, Democratizing International Arbitration - Mass Claims Proceedings in ABCLAT v. Argentina, 1 J. INT'l & COMP. L. 55 (2014).