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Mass Arbitration

Mass Arbitration Protocol

The bespoke procedural regime a clause imposes once mass filings are triggered.

A protocol bundles the trigger threshold, the batching or bellwether structure, provider selection, fee allocation, discovery limits, confidentiality, and tolling into a single contractual apparatus. Because these regimes are drafted unilaterally by the party they are designed to protect, they draw heightened scrutiny under state unconscionability law — and courts have shown particular hostility to protocols that are internally inconsistent, that route disputes to a provider with rules favouring the drafter, or that leave claimants without a meaningful path to an individual determination.

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