Class Action und Class Arbitration Waiver

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.