Plaintiff firms file large volumes of individual demands, triggering per-case administrative and arbitrator fees payable by the company. Responses include batching protocols, bellwether procedures, and fee-shifting provisions.
Provider rules increasingly address the practice.
Alternative Names:
Mass Arbitration Defense|Bulk Arbitration Response
Why it Matters?
Filing fees alone can exceed the aggregate class exposure the waiver was designed to prevent, which inverted the economics that made class waivers attractive and has led some companies to remove them entirely. Batching provisions requiring bellwether resolution before remaining cases proceed are the principal contractual response, and arbitration providers have adopted mass arbitration supplements addressing fee structures.
Frequently Confused with
Related terms
Frequently asked questions
How did mass arbitration invert the economics?
What is the principal contractual response?
