Extraterritoriality and Collective Redress

by Fairgrieve, Duncan; Lein, Eva

• ISBN13: 9780199655724
• ISBN10: 0199655723
• Format: Hardcover
• Copyright: 2012-12-12
• Publisher: Oxford University Press

Summary

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.

Author Biography

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.

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