Class arbitrations under the UNCITRAL Model Law: Re-thinking party consent

Development summary

Published in Arbitration International, Darius Chan and Abhishek Behera’s article addresses the curtailment of collective redress by mandatory arbitration clauses in consumer and employment contracts and asks whether class arbitration may be permitted in UNCITRAL Model Law jurisdictions where an arbitration agreement is silent on the matter. Drawing on the United States approach, the authors challenge the assumption that class arbitration invariably requires express consent, arguing that consent can be inferred within the Model Law’s pro-arbitration framework and proposing judicial contractual interpretation, institutional rulemaking and legislative reform.