Have there been any mass (arbitration) claims in your jurisdiction?

International Arbitration (3rd edition)

Egypt Small Flag Egypt

No.

Cyprus Small Flag Cyprus

There are no developments on this matter in Cyprus since it is not in use or specifically allowed.

Czech Republic Small Flag Czech Republic

No, since class actions are not foreseen under Czech law.

Romania Small Flag Romania

Based on the publicly available information, no mass arbitration claims have been heard in Romania.

Serbia Small Flag Serbia

There were no mass arbitration claims in your jurisdiction.

China Small Flag China

No. So far there have been no mass claims in Mainland China.

Denmark Small Flag Denmark

a. Not to our knowledge.

Poland Small Flag Poland

There have been no mass arbitration claims in Poland.

Switzerland Small Flag Switzerland

In 1997, pursuant to a memorandum of understanding entered into between the Swiss Bankers Association, the World Jewish Restitution Organization and the World Jewish Congress, the Claims Resolution Tribunal for Dormant Accounts (CRT-I) was established under Swiss law in Switzerland. The purpose of such independent international arbitral tribunal was to resolve claims relating to approximately 6,000 accounts of non-Swiss bank clients that had lain dormant since the end of Second World War in 1945. The established arbitral tribunal completed its assessment in September 2001.

As a result of a settlement agreement reached in the context of the Holocaust Victim Asset Litigation in 1999 when the defending Swiss banks agreed to create a USD 1.25 billion settlement fund, the Second Claims Resolution Tribunal for Dormant Accounts was established in Switzerland (CRT-II) in February 2001. The CRT-III was mandated to process claims relating to assets in Swiss bank accounts which were open or opened between 1933 and 1945. The CRT-II has completed its mandate in December 2012.

UAE Small Flag UAE

There have been no mass arbitration claims in this jurisdiction.

United Kingdom Small Flag United Kingdom

Mass arbitrations, meaning a single proceeding involving multiple claimants, are uncommon in the United Kingdom. As arbitration tribunals have no power to consolidate proceedings in the absence of the consent of the parties, it appears that any mass arbitration proceedings would have to be conducted on an opt-in basis.

Saudi Arabia Small Flag Saudi Arabia

The relevant arbitration laws in the KSA do not create any limitations on mass arbitrations. However, there are no precedents available on whether mass arbitrations have taken place in the KSA.

United States Small Flag United States

Yes. Mass arbitration claims in the U.S. typically manifest as “class action” style disputes, in which one or more plaintiff is named to represent a larger class of plaintiffs. In 2003, the U.S. Supreme Court implicitly approved the use of class arbitration to settle disputes by holding that it was for the arbitrator to decide whether a class arbitration could proceed. See Green Tree Financial Cop. v. Bazzle, 539 U.S. 444 (2003). As a result of the Bazzle case, the AAA and JAMS implemented rules for class arbitration. See AAA Supplementary Rules for Class Arbitration; JAMS Class Action Procedures.

In a subsequent case in 2010, the Supreme Court refined its position, holding that an arbitral tribunal that compels a class arbitration without finding that the parties contractually agreed to class arbitration exceeds its powers under the FAA. See Stolt-Nielsen S.A. v. AnimalFeeds International Corp., 559 U.S. 662 (2010). Following the Stolt-Nielsen decision, it appears that class arbitrations are permissible so long as they are provided for in the parties’ arbitration clause.

Austria Small Flag Austria

No.

Nigeria Small Flag Nigeria

There have been no mass arbitration claims in our jurisdiction.

Russia Small Flag Russia

There have not been any (publicly known) mass arbitration claims in Russia.

Ireland Small Flag Ireland

Ireland does not permit class actions in civil litigation and we are not aware of any mass arbitration claims.

Norway Small Flag Norway

There has been an increasing number of mass claims in the ordinary courts. However, we are not aware of any such claims being arbitrated in Norway.

Germany Small Flag Germany

While the DIS Arbitration Rules and/or commercial contracts more and more foresee for multi-party arbitration, there have not been "mass claims" – either in contract or tort – that had been subject to arbitration.

Croatia Small Flag Croatia

We have not observed any mass (arbitration) claims before the Permanent Arbitration Court of the Croatian Chamber of Economy.

Updated: November 14, 2018