Extraterritoriality and Collective Redress

著者名：Fairgrieve, Duncan (EDT)/Lein, Eva (EDT)

OUP Oxford（2012/09/27発売）

• 言語：ENG
• eISBN：9780191636622

Description

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.

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