Class arbitration

English translation: the same as a class action but

08:59 Aug 29, 2008
English language (monolingual) [PRO]
Law/Patents - Law: Contract(s)
English term or phrase: Class arbitration
Please explain what class arbitration is.
Agnieszka Matuszewska
Poland
Local time: 08:16
Selected answer:the same as a class action but
Explanation:
with an arbitration and not a court decision, i.e. if my understanding is correct: when a class action is ruled, anybody in the same situation may get the benefit from the ruling.
With a class arbitration, the arbitration between a company and a plaintiff would also be enforceable by any other plaintiff in the same situation...
Selected response from:

BusterK
Local time: 08:16
Grading comment
thank you :)
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
4arbitration proceedings in which the claimant purports to represent a class of absent individuals
Sven Petersson
4alternative means of settling a civil dispute for a group of plaintiffs
Demi Ebrite
2 +1the same as a class action but
BusterK


  

Answers


36 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
class arbitration
the same as a class action but


Explanation:
with an arbitration and not a court decision, i.e. if my understanding is correct: when a class action is ruled, anybody in the same situation may get the benefit from the ruling.
With a class arbitration, the arbitration between a company and a plaintiff would also be enforceable by any other plaintiff in the same situation...

BusterK
Local time: 08:16
Native speaker of: Native in FrenchFrench
PRO pts in category: 12
Grading comment
thank you :)

Peer comments on this answer (and responses from the answerer)
agree  Jack Doughty
1 hr
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41 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
class arbitration
arbitration proceedings in which the claimant purports to represent a class of absent individuals


Explanation:
:o)

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Note added at 43 mins (2008-08-29 09:42:59 GMT)
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www.acc.com/php/chapters/filespace/ne/An Uninvited Guest.pd...

Sven Petersson
Sweden
Local time: 08:16
Native speaker of: Native in SwedishSwedish, Native in EnglishEnglish
PRO pts in category: 4
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
class arbitration
alternative means of settling a civil dispute for a group of plaintiffs


Explanation:
US English

"A class action or a representative action is a form of lawsuit where a large group of people collectively bring a claim to court."

"Arbitration allows plaintiffs to resolve disputes more quickly and cheaply than by going to court. Instead of judges or juries, arbitrators decide if wrongdoing occurred and how to correct or compensate you for it."

There are different class action categories and guidelines, as determined by Federal Arbitration Act (US) Please see URL

When the arbitration is over, the decisions of the arbitrators are final and not subject to appeal. If a party to involved is unhappy with the result, they cannot go to court to try again. The arbitrators' decisions can only be challenged under VERY limited circumstances.

Class action agreements are generally challenged, initially, as the plaintiffs would rather go to court for a greater monetary outcome, so the court: "decides fundamental issues (“gateway” issues) as to whether the parties agreed to arbitrate and the validity and scope of the arbitration agreement"




    Reference: http://www.sec.gov/answers/arbproc.htm
    Reference: http://64.233.167.104/search?q=cache:SKtbuEDPGAkJ:westlegalw...
Demi Ebrite
United States
Local time: 01:16
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
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