In Bloomberg Law, White & Case partners Brody Greenwald and Darryl Lew and associate Clemency Wang discuss recent trends and developments in mass arbitrations.
A mass arbitration is where many individuals use the same or coordinated counsel to bring an arbitration claim against a company based on the same or similar facts. Now with social media and blockchain to harvest claims, thousands of related arbitration claims can be filed at the same time—without consolidation—to pressure companies to settle quickly on favorable terms.
The authors review various approaches companies have taken to modifying their contractual dispute resolution provisions to mitigate the impact of mass arbitration claims and legal challenges to the enforceability of such provisions. The authors also evaluate how arbitration institutions have modified their procedural rules to blunt the in terrorem effect mass claims can have and to allow claims to be decided in a more orderly manner that is fair to all parties.
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