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Jurisdiction and Cross-Border Collective Redress: A European Private International Law Perspective

Jurisdiction and Cross-Border Collective Redress: A European Private International Law Perspective

Author: Alexia Pato
Publisher: Hart Publishing
ISBN: 9781509930296

Published In: July 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509946259

List Price: HKD 1,430.00

HKD 1,387.10 Save HKD 42.90 (3%)

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Description
Contents

Details

Over the past decades, the rise of cross-border law violations has harmed numerous victims around the globe. In those cases, the damages are often dispersed and low. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice.

The book thoroughly analyses the dominant collective redress models adopted in the EU. Information from 13 Member States has been catalogued and categorised. Research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other.

Additionally, it notes that barriers to crossborder litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, it proposes the creation of a new head of jurisdiction for international collective redress cases. By so doing, it will appeal to legal practitioners, judges and policy-makers.

Introduction

I. The Rise of Mass Damages and the Corresponding Private Enforcement Gap

II. Collective Redress to the Rescue

III. Efforts at the EU Level

IV. Delineation of the Material Scope

V. Towards the Construction of an Appropriate Regime on International Jurisdiction in Collective Redress Cases

1. Back to the Origin: The US Class Action

I. A Primer on Class Actions

II. Pre-Certification Questions

III. Class Certification

IV. Post-Certification Steps

V. Conclusion