The Freedom of Arbitrators to Conduct Collective Proceedings When the Rules are Silent: Considerations in the Wake of the Abaclat Decision.

Cabrera Colorado, Orlando Federico

Collective arbitration remains almost unknown around the world. The Arbitral Tribunal in the case of Abaclat and Others v the Argentine Republic rendered a majority Decision of Jurisdiction and Admissibility that constitutes the first ICSID case bringing the question whether collective claims may be deemed in investment arbitration. Such Decision was strongly questioned by the Dissenting Opinion. This is subject of debate and few academic studies deal with the complexity of the matter. Taking into account the above, we will observe the main features of mass arbitration and its differences, the wording of several sets of rules and the interpretation of rules when they are silent. ICSID Convention allows exercising inherent powers. As such, inherent powers provide Arbitrators the freedom to interpret silence and to conduct collective arbitration within certain limits.

ARGENTINA; ARBITRATORS; ARBITRATION & award; INTERNATIONAL conflict; INVESTMENT laws; INTERNATIONAL law

Journal of International Dispute Settlement, 2015, Vol 6, Issue 1, p163

2040-3585

Academic Journal

10.1093/jnlids/idu020