| Description |
1 online resource |
| Contents |
Glossary/Abbreviations; 1 Introduction; Abstract; 1.1 Collective Redress and Cross-Border Mass Disputes; 1.2 Parameters of This Book; 1.3 Book Structure; 1.4 Typologies/Classifications of Collective Redress Mechanisms in the EU; 1.4.1 Public Law Mechanisms and Private Law Mechanisms; 1.4.2 Aggregate Litigation and Representative Litigation; 1.4.2.1 Model or Test Case; 1.4.2.2 Collective Action; 1.4.2.3 Collective Settlement; 1.5 Goals of Collective Redress Mechanisms; 1.5.1 Introduction; 1.5.2 Efficient Legal Protection; 1.5.3 Effective Legal Protection |
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1.5.4 Reduction of the Administrative Burden on the Judiciary1.6 Goals of the Brussels Regulation; 1.6.1 Introduction; 1.6.2 Free Movement of Judgments; 1.6.3 Rights of the Defence; 1.6.4 Legal Certainty; 1.6.5 Resolving a Dispute Before an Appropriate Court; References; Collective Redress Mechanisms in the EU; 2 German KapMuG Procedure; Abstract; 2.1 Introduction; 2.2 Deutsche Telekom and KapMuG History; 2.3 How a KapMuG Procedure Is Initiated; 2.4 What Plaintiffs Can Achieve Through a KapMuG Procedure; 2.5 Recent Experience with the Act, and Future Developments; References |
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3 Dutch Collective ActionAbstract; 3.1 Introduction; 3.2 History of Collective Action; 3.3 Parties That Can Bring a Collective Action?; 3.4 Criteria for Bringing a Collective Action; 3.5 The Result of Bringing a Collective Action; 3.6 Recent Experience with Collective Actions; 3.7 Future Developments; References; 4 Dutch WCAM Procedure; Abstract; 4.1 Collective Settlement History; 4.2 The Conditions for Arranging a WCAM Settlement; 4.3 What Can Eventually Be Achieved with a WCAM Settlement; 4.4 WCAM Case Law; 4.4.1 Dexia Case; 4.4.2 Vedior Case; 4.4.3 Shell Case; 4.4.4 Converium Case |
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4.5 Current and Future Developments4.5.1 Amendments to the WCAM; 4.5.2 Preliminary Questions Supreme Court; References; Jurisdiction in Cross-Border Mass Disputes; 5 Jurisdiction and the KapMuG; Abstract; 5.1 Introduction; 5.2 Submission; 5.3 Jurisdiction in Consumer-Related Matters; 5.3.1 Application of Chapter II, Section 4 Brussels I-Bis; 5.3.2 Jurisdiction in KapMuG Procedure Relating to Financial Products; 5.4 Choice of Forum Agreement; 5.4.1 Choice of Forum Agreement in Consumer-Related Matters; 5.4.1.1 Choice of Forum Agreement Before the Dispute Arises |
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5.4.1.2 Choice of Forum Agreement After the Dispute Has Arisen5.4.2 Choice of Forum Agreement in Non-Consumer-Related Matters; 5.4.2.1 Choice of Forum Agreement and the Underlying Financial Product; 5.4.2.2 Choice of Forum and the Holding of Shares; 5.4.3 Conclusion; 5.5 General Provision; 5.6 Jurisdiction in Contractual Matters; 5.6.1 Various Places of Performance; 5.7 Jurisdiction in Tortious Matters; 5.7.1 Place Where the Harmful Event Occurred or May Occur; 5.8 Effect of Grounds of Jurisdiction on the Goals of Collective Redress; 5.8.1 Effective Legal Protection |
| Summary |
This book specifically covers issues regarding jurisdiction and the recognition and enforcement of judgments in cross-border mass disputes relating to financial services. Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputes collectively, are growing more important. Due to the global increase in cross-border trade and financial transactions, the number of cross-border mass disputes has increased. In the EU, several prototypes of collective redress mechanism exist that can be used to resolve mass disputes and, aside from the EU's recommendation on the drafting of laws relating to collective redress, a reevaluation of the Brussels Regulation has also taken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old Brussels Regulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, Brussels I-bis does not contain any provision relating to collective redress. As a result, many questions regarding cross-border mass disputes and the relevant private international law issues remain unanswered and unresolved. This book sets out to describe the most important prototypes by referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courts in the EU and what the various pitfalls are. Moreover, the rules concerning the recognition and enforcement of judgments originating from a collective procedure are listed. As cross-border collective redress mechanisms and the rules of private international law to be used in such a context are still being developed, the goals of private international law and the goals of the referred collective redress mechanisms are analysed to provide an insight into how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involved in and/or professionally interested in the field of private international law and collective redress mechanisms and should prove very useful in providing them with a greater in-depth understanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the Supreme Court, he was an attorney-at-law with NautaDutilh in The Netherlands, where he worked in the Litigation & Arbitration department.-- Provided by publisher |
| Bibliography |
Includes bibliographical references |
| Notes |
Online resource; title from PDF title page (EBSCO, viewed July 18, 2017) |
| Subject |
Class actions (Civil procedure) -- European Union countries
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Conflict of laws -- European Union countries
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LAW -- International.
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Class actions (Civil procedure)
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Conflict of laws
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European Union.
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Class actions.
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Consumer law.
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Law of european civil procedure.
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Private international law.
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European Union countries
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| Form |
Electronic book
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| ISBN |
9789462651869 |
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9462651868 |
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