A DISPUTED ALTERNATIVE TO ALTERNATIVE DISPUTE RESOLUTION - A DISCUSSION OF CLASS-WIDE ARBITRATION AND ITS RELEVANCE FOR QUEBEC CLASS ACTION LITIGANTS AND PRACTITIONERS

Abstract

Class-wide arbitration, which combines traditional class action and arbitration procedure, has existed in the United States for several years. A recent decision of the United States Supreme Court has underlined its importance for contemporary American litigation. Although courts in Canada and Québec have never recognized classwide arbitration specifically, a string of judgments have allowed for the consolidation of arbitration disputes. This suggests that class-wide arbitration of the type practised south of the border may be received into our own legal systems. The consequences of such a development for defendant companies, in particular, as well as a new range of plaintiffs, are arguably extensive. This paper looks at the relevant United States, Canadian, and Québec case law, with a view to analysing the hybrid procedure and evaluating its potential impact.