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Extraterritoriality and Collective Redress

Extraterritoriality and Collective Redress

Author: Duncan Fairgrieve; Eva Lein
Publisher: Oxford University Press
ISBN: 9780199655724
Published In: September 2012
Format: Hardback , 496 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Identifies the challenges that cross-border mass litigation poses to the traditional approach to conflicts of law issues, and considers their impact
Expert contributors from across Europe, and from the US and Canada, provide practical insight and authoritative commentary
Deals with issues of current debate, which are of interest to legislators, to inform and impact law-making on a national and international level
Examines possible solutions, such as reform of international or European norms

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.

Readership: Transnational litigation practitioners and academics in the fields of private international law and comparative law.

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

Edited by Duncan Fairgrieve, Senior Research Fellow in Comparative Law and Director of the Product Liability Forum, British Institute of International and Comparative Law (BIICL), and Eva Lein, Herbert Smith Senior Research Fellow in Private International Law, British Institute of International and Comparative Law (BIICL)

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.

Contributors:
Dr Duncan Fairgrieve, BIICL
Dr Eva Lein, BIICL
Professor Diego Corapi, University of Rome-Sapienza
Professor Geraint Howells, Lancaster University
Dr John Sorabji, the Legal Secretary to the Master of the Rolls
Dr Hélène van Lith, University of Rotterdam
Professor Ianika Tzankova, Tilburg University
Professor Burkhard Hess, University of Heidelberg
Professor Horatia Muir-Watt, Sciences Po, Paris
Justine Stefanelli, BIICL
Andrea Pinna, Associate, Bredin Prat, Paris
Professor Astrid Stadler, University of Constance
Alexander Layton QC, 20 Essex Street, London
Professor Catherine Kessedjan, University Panthéon-Assas, Paris
Professor Gilles Cuniberti, University of Luxembourg
Professor David Chekroun, ESCP Europe
Professor Rachael Mulheron, Queen Mary University of London
Dr Francesco Quarta, University of Salento
John P. Brown, Senior Partner, McCarthy Tétrault LLP
Marta Requejo Isidro, University of Santiago de Compostela
Marta Otero Crespo, University of Santiago de Compostela
Thomas A Dubbs, Partner, Labaton Sucharow, New York
Professor Linda Silberman, New York University
Adam Johnson, Partner, Herbert Smith LLP, London
Dr. Wolf-Georg Ringe, University of Oxford
Dr Alexander Hellgardt, Max Planck Institute for Tax Law and Public Finance, Munich
Vincent Smith, BIICL