Article | Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?

Professor S.I. Strong (University of Missouri School of Law) has posted “Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent With the International Investment Regime?” 3 Yearbook on International Arbitration __ (forthcoming 2012) – preprinted in 9 Transnational Dispute Management (Aug. 2012)

The abstract is:

Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) has been brought in an investment arbitration. This Article considers the propriety of those proceedings from a unique perspective, namely that of regulatory law. In so doing, this Article considers the regulatory nature of class, mass and collective proceedings as well as the regulatory purposes of the investment treaty regime so as to determine whether and to what extent the Abaclat majority acted in accordance with both principles.

The full article may be downloaded here. Other scholarly papers by Professor S.I. Strong are here.