Request for Class Action
Simple Explanation:
Sometimes a same contract is concluded between each of the customer toward one contracting party which contains same arbitration clause and the same disputes in between is aroused. In these cases, all those who have a single dispute may refer to the CODAC Center and request the same arbitration collectively.
This will both avoid double costs and save time. In addition, all parties to the dispute reach their desired conclusion. For example, suppose a group of customers has a contract with a leasing company. The car leasing company has not delivered the contracted vehicle to the customers and the customers must refer their dispute to the arbitration because of their obligation under the arbitration clause.
In these regards, if the CODAC Arbitration Center is selected as the institutional arbitration body, it can render an arbitration award to all customers in the same way and all can proceed with the enforcement of the award through the court separately.
Article 44 of CODAC Arbitration Rules
Class Action Arbitration
In all arbitral cases which there are one natural or legal claimant against multiple respondents, or one natural or legal respondent against multiple claiments, the settlement of the dispute based on class action arbitration is possible, if all of the followings are met:
(A) Any dispute arised out of a separate Undelying Contract;
(B) The Arbitration Clause in all Underlying Contracts or the subsequent agreement of the Parties has been referred to the CODAC;
(C) The subject of disputes is the same or have a full relationship, so that rendering one arbitral award would be sufficient to resolve all disputes.