The following Arbitration practice note produced in partnership with Kevin D. Mohr of King & Spalding LLP and Michael W. Massiatte of DLA Piper (US) LLP and Jaime A. Bianchi of White & Case LLP provides comprehensive and up to date legal information covering:
Class arbitration is a form of multiparty dispute resolution that has experienced substantial growth in the United States in recent years. While class litigation has been common in US courts for decades, the extension of the class action mechanism into arbitration is unusual because the representative, quasi-compulsory nature of the class action case is in tension with the consensual basis of arbitration.
That position changed following the US Supreme Court’s confusing and controversial decision in Green Tree Financial Corp v Bazzle 539 U.S. 444 (2003) (Bazzle), which many courts and practitioners interpreted as giving a green light to class arbitration. The years since Bazzle witnessed a significant increase in the commencement of class arbitration cases, leading several of the major arbitral institutions in the US to issue specific rules for the administration of class arbitrations. In the last few years, however, the Supreme Court has decided several more cases that clarify Bazzle, and effectively restrict the availability of class arbitration.
Note: the US judgments referred to in this Practice Note are not reported by LexisNexis® UK.
Although the class action device is by no means unique to the US, it is virtually unknown in some jurisdictions and far from common in many others.
A class action is a mechanism for resolving similar claims held by a large number of
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Without prejudice to any other enactment by virtue of which any offence is triable either way1, the following offences are triable either way2: (1) offences at common law of public nuisance3; (2) an offence at common law of outraging public decency4; (3) administering an oath etc
Highways, street works and statutory undertakersCoronavirus (COVID-19): This Practice Note contains guidance on matters that have temporarily been altered to assist in the management of the coronavirus (COVID-19) pandemic. For further information, see: Traffic Orders Procedure (Coronavirus)
Financial Conduct Authority—Principles for Businesses (PRIN)This Practice Note explains the Principles for Businesses (PRIN) set down by the Financial Conduct Authority (FCA). The Principles form part of the FCA’s High Level Standards set out in the FCA’s Handbook. The Principles are a general
DateD [date]Parties1[name of Landlord] [of OR incorporated in England and Wales with company registration number [number] whose registered office is at] [address] (Landlord)2[name of Tenant] [of OR incorporated in England and Wales with company registration number [number] whose registered office
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