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.

Full Product Details

Author:   Duncan Fairgrieve (Senior Research Fellow in Comparative Law and Director of the Product Liability Forum, British Institute of International and Comparative Law (BIICL)) ,  Eva Lein (Herbert Smith Senior Research Fellow in Private International Law, British Institute of International and Comparative Law (BIICL))
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 19.10cm , Height: 3.20cm , Length: 25.10cm
Weight:   0.982kg
ISBN:  

9780199655724

ISBN 10:   0199655723
Pages:   490
Publication Date:   27 September 2012
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us.

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 Hélène 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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Author Information

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.

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