The latest Arbitration Acumen Podcast episode features a conversation with James P. Duffy IV of Bracewell LLP and Elizabeth Carter, senior vice president of operations at JAMS and a principal drafter of the JAMS Mass Arbitration Procedures. The discussion offers a practical deep dive into mass arbitration, what it is, why it has surged in recent years and how institutions and parties are responding. Duffy and Carter explore the legal, procedural and economic dynamics driving this rapidly evolving area, along with key considerations for in-house counsel navigating large-scale filings.
A few highlights from the episode include:
- Mass arbitration is defined as a strategy involving dozens, hundreds or thousands of individual arbitration filings asserting similar claims against the same company
- Key differences between mass arbitration and class actions, including confidentiality, opt-in participation, individualized awards and procedural speed
- An overview of JAMS’ experience with mass arbitration, from early matters in 2017–2018 to a sharp increase in filings beginning around 2020
- A closer look at the JAMS Mass Arbitration Procedures, including the role of the process administrator and tools like batching, bellwethers and coordinated discovery
- Discussion of the cost equation and why streamlined, predictable procedures have become central to effective mass arbitration management
