Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 21 No 10 Oct/Nov 2016

Book of the Month

Cover of Criminal Injuries Compensation Claims

Criminal Injuries Compensation Claims

Price: £99.95

Pupillage & Student Offers

Special Discounts for Pupils, Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Extraterritoriality and Collective Redress

Edited by: Duncan Fairgrieve, Eva Lein

ISBN13: 9780199655724
Published: September 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £150.00



Despatched in 3 to 5 days.

Also available as
£116.67
+ £23.33 VAT

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.

Subjects:
Conflict of Laws
Contents:
PART I: COLLECTIVE REDRESS MECHANISMS IN A COMPARATIVE PERSPECTIVE
1. Class Actions / Actions Collectives
2. Collective Redress Procedures: European Debates
3. Collective Action Reform in England and Wales: Are Class Actions Really on the Way?
4. Class Actions and Class Settlements Going Global: An Update from the Netherlands
5. Collective Redress: Policy Objectives and Practical Problems

PART II: PRIVATE INTERNATIONAL LAW AND COLLECTIVE REDRESS
6. A Coherent Approach to European Collective Redress
7. The Trouble with Cross-Border Collective Redress: A Deeper Reading?
8. Cross-Border Collective Redress and Jurisdiction under Brussels I: A Mismatch
9. Parallel Litigation and Cross-Border Collective Actions under the Brussels I Framework: Lessons from Abroad
10. The Impact of the Brussels I Enforcement and Recognition Rules on Collective Actions
11. Conflicts of Laws in Multinational Collective Actions: a Judicial Nightmarea
12. Extraterritoriality of Evidence Gathering in US Class Action Proceedings
13. The ILA Rio Resolution on Transnational Group Actions
14. In Defence of 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. An Italian Perspective on Foreign Punitive Damages Decisions and Class Actions
16. The Perils of Certifying International Class Actions in Canada
17. Collective Redress in Spain: Recognition and Enforcement of Class Action Judgments and Class Settlements

PART IV: EXTRATERRITORIALITY AND US LAW
18. Morrison v. National Australia Bank: The US Supreme Court Limits Collective Redress for Securities Fraud
19. Morrison v. National Australia Bank: Implications for Global Securities Class Actions
20. Morrison v. National Australia Bank: Foreign Securities and the Jurisdiction to Prescribe
21. Bridging the Gap: Contrasting Effects of US Supreme Court Territorial Restraint on European Collective Claims: Bridging the Gap
22. Transnational Issuer Liability after the Financial Crisis: Seeking a Coherent Choice-of-Law Standard