Sistema "opt-in": la respuesta a una épica batalla entre la acción de clase y el arbitraje
A decision by the Supreme Court of California in Keating v. Superior Court in 1982 recognized a new form of arbitration known as “class arbitration”, that is, the filing of a class action in an arbitral tribunal. This US initiative for resolving disputes has transcended the national level and has i...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7249166 |
| Source: | Revista Derecho Privado: (Universidad de los Andes), ISSN 1909-7794, Nº. 54, 2015, pags. 202-232 |
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| Summary: |
A decision by the Supreme Court of California in Keating v. Superior Court in 1982 recognized a new form of arbitration
known as “class arbitration”, that is, the filing of a class action in an arbitral tribunal. This US initiative for resolving disputes has transcended the national level and has in fact been invoked in other jurisdictions, including Colombia. However,
there are currently disparate positions with respect to its origin where the arbitration agreement is silent on the matter.
This is due to the representative nature of the class action and the consensual nature of arbitration and thus means that
in principle these two methods appear incompatible. In this context, this paper aims to propose an alternative solution
to harmonize such mechanisms. |
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