Extraterritoriality and Collective Redress

Extraterritoriality and Collective Redress

Extraterritoriality and Collective Redress

Extraterritoriality and Collective Redress

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Overview

An expert analysis of the relevant law and jurisprudence in mass litigation, this edited work examines the diverse and complex transnational considerations and issues of collective redress. With contributions from distinguished and authoritative commentators on this topic, the coverage is broad, thorough, and practically focused. The book offers new perspectives on the challenges of collective redress as it innovatively combines a comparative and cross border approach. Organized clearly into sections, it provides in-depth comment on these challenges from a national, European, and global perspective. With detailed analysis of the relevant law and jurisprudence in this area offering a significant practical impact, this book also examines possible solutions to the challenges identified, covering important topics and issues within collective redress mechanisms; the private international law perspective on collective redress; reception of foreign collective redress; and extraterritoriality and US law. Including contributions from the jurisdictions most relevant to these conflict of laws issues, this book unites global expertise to provide information on a complex topic and offer a solution-based approach to the collective redress landscape.

Product Details

ISBN-13: 9780191636622
Publisher: OUP Oxford
Publication date: 09/27/2012
Sold by: Barnes & Noble
Format: eBook
File size: 2 MB

About the Author

Dr Duncan Fairgrieve is Senior Research Fellow in Comparative Law and Director of the Product Liability Forum at the British Institute of International and Comparative Law. Dr Eva Lein is Herbert Smith Senior Research Fellow in Private International Law at the British Institute of International and Comparative Law.

Table of Contents

Part I: Collective Redress Mechanisms in a Comparative Perspective
1: Diego Corapi: Class Actions and Collective Actions
2: Duncan Fairgrieve and Geraint Howells: Collective Redress Procedures: European Debates
3: John Sorabji: Collective Action Reform in England and Wales
4: Ianika Tzankova and H l ne van Lith: Class Actions and Class Settlements Going Global: An Update from the Netherlands
5: Alexander Layton QC: Collective Redress: Policy Objectives and Practical Problems
Part II: Private International Law and Collective Redress
6: Burkhard Hess: A Coherent Approach to European Collective Redress:
7: Horatia Muir-Watt: The Trouble with Cross-Border Collective Redress: Issues and Difficulties
8: Eva Lein: Cross-Border Collective Redress and Jurisdiction under Brussels I: A Mismatch
9: Justine N Stefanelli: Parallel Litigation and Cross-Border Collective Actions under the Brussels I Framework: Lessons from Abroad
10: Duncan Fairgrieve: The Impact of the Brussels I Enforcement and Recognition Rules on Collective Actions
11: Astrid Stadler: Conflicts of Laws in Multinational Collective Actions: a Judicial Nightmare?
12: Andrea Pinna : Extra-territoriality of Evidence Gathering in US Class Action Proceedings
13: Catherine Kessedjian: The ILA Rio Resolution on Transnational Group Actions
14: Rachael Mulheron: The Requirement for Foreign Class Members to Opt-in to an English Class Action
Part III: Reception of Foreign Collective Redress and Punitive Damages Decisions in National Jurisdictions
15: Francesco Quarta: Foreign Punitive Damages Decisions and Class Actions in Italy
16: John P Brown: Certifying International Class Actions in Canada
17: Marta Requejo Isidro and Marta Otero Crespo: Collective Redress in Spain: Recognition and Enforcement of Class Action Judgments and Class Settlements
Part IV: Extraterritoriality and US Law
18: Thomas A Dubbs: Morrison v. National Australia Bank: The US Supreme Court Limits Collective Redress for Securities Fraud
19: Linda Silberman: Morrison v. National Australia Bank : Implications for Global Securities Class Actions
20: Adam Johnson: Morrison v. National Australia Bank: Foreign Securities and the Jurisdiction to Prescribe
21: Vincent Smith: 'Bridging the Gap': Contrasting Effects of US Supreme Court Territorial Restraint on European Collective Claims
22: Wolf-Georg Ringe and Alexander Hellgardt: Transnational Issuer Liability after the Financial Crisis: Seeking a Coherent Choice of Law Standard
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