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DEMOCRATIZING INTERNATIONAL ARBITRATION? MASS CLAIMS PROCEEDINGS IN ABACLAT v ARGENTINA

DEMOCRATIZING INTERNATIONAL ARBITRATION? MASS CLAIMS PROCEEDINGS IN ABACLAT v ARGENTINA

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Abstract: 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 laws — 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.

Keywords: Mass claims; mass claims proceedings; international arbitration; international investment arbitration; ICSID; democratization; investment treaties; class action.

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