Extraterritoriality and Collective Redress

Hardcover | November 1, 2012

EditorDuncan Fairgrieve, Eva Lein

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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 isbroad, 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 lawperspective 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.

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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 isbroad, thorough, and practically focused. The bo...

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.
Format:HardcoverDimensions:456 pages, 9.69 × 6.73 × 0.01 inPublished:November 1, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199655723

ISBN - 13:9780199655724

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Table of Contents

Part I: Collective Redress Mechanisms in a Comparative Perspective1. Diego Corapi: Class Actions / Actions Collectives2. Duncan Fairgrieve and Geraint Howells: Collective Redress Procedures: European Debates3. John Sorabji: Collective Action Reform in England and Wales: Are Class Actions Really on the Way?4. Helene van Lith and Ianika Tzankova: Class Actions and Class Settlements Going Global: An Update from the Netherlands5. Alex Layton QC: Collective Redress: Policy Objectives and Practical ProblemsPart II: Private International Law and Collective Redress6. Burkhard Hess: A Coherent Approach to European Collective Redress:7. Horatia Muir-Watt: The Trouble with Cross-Border Collective Redress: A Deeper Reading?8. Eva Lein: Cross-Border Collective Redress and Jurisdiction under Brussels I: A Mismatch9. Justine Stefanelli: Parallel Litigation and Cross-Border Collective Actions under the Brussels I Framework: Lessons from Abroad10. Duncan Fairgrieve: The Impact of the Brussels I Enforcement and Recognition Rules on Collective Actions11. Conflicts of Laws in Multinational Collective Actions: a Judicial Nightmarea12. Andrea Pinna : Extraterritoriality of Evidence Gathering in US Class Action Proceedings13. Catherine Kessedjan: The ILA Rio Resolution on Transnational Group Actions14. Rachael Mulheron: In Defence of the Requirement for Foreign Class Members to Opt-In to an English Class ActionPart III: Reception of Foreign Collective Redress and Punitive Damages Decisions in National Jurisdictions15. Francesco Quarta: An Italian Perspective on Foreign Punitive Damages Decisions and Class Actions16. John P. Brown: The Perils of Certifying International Class Actions in Canada17. Marta Requejo Isidro and Marta Otero Crespo: Collective Redress in Spain: Recognition and Enforcement of Class Action Judgments and Class SettlementsPart IV: Extraterritoriality and US Law18. Thomas A Dubbs: Morrison v. National Australia Bank: The US Supreme Court Limits Collective Redress for Securities Fraud19. Linda Silberman: Morrison v. National Australia Bank: Implications for Global Securities Class Actions20. Adam Johnson: Morrison v. National Australia Bank: Foreign Securities and the Jurisdiction to Prescribe21. Vincent Smith: Bridging the Gap: Contrasting Effects of US Supreme Court Territorial Restraint on European Collective Claims: Bridging the Gap22. Wolf-.Georg Ringe and Alexander Hellgardt: Transnational Issuer Liability after the Financial Crisis: Seeking a Coherent Choice-of-Law Standard