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Julia Florian
Class Action und Class Arbitration Waiver
Eine Untersuchung zur Abwehr von Gruppenverfahren
[Class Action and Class Arbitration Waiver. An Examination of the Legal Protection against Group Proceedings.]
2024. XXII, 381 pages. Published in German.
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Summary
Group proceedings belong to the future in Germany, whereas in America they are almost a thing of the past. In the USA, class proceedings opponents draft standard consumer contracts which include class action waivers as well as class arbitration waivers, thus ensuring that any claim against a corporate defendant can be asserted only in a non-aggregated arbitral proceeding, resulting in their immunity from liability. The author questions whether this will also be the fate of group proceedings in Germany.