Desk
3 pieces from this desk.
Case management fees, not filing fees, were what made mass arbitration devastating. The AAA eliminated them. Here is what the numbers look like on either side of that change — and where the cost has migrated to.
Rules Desk · 3 min
Litigation funders increasingly finance mass arbitration campaigns. A funder's return depends on aggregate portfolio recovery; counsel owe duties to each individual claimant. No uniform disclosure regime exists to surface the tension.
Research Desk · 3 min
Litigation theory held that claims worth less than the cost of bringing them cannot be litigated without a procedural aggregation device. Mass arbitration showed that premise depended on institutional design — and everything since has been an attempt to restore it.
Research Desk · 4 min