Collective and Mass Litigation in Europe

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Release : 2020-11-27
Genre : Law
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Book Rating : 059/5 ( reviews)

Collective and Mass Litigation in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Collective and Mass Litigation in Europe write by Astrid Stadler. This book was released on 2020-11-27. Collective and Mass Litigation in Europe available in PDF, EPUB and Kindle. Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.

Collective Actions in Europe

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Release : 2019-08-19
Genre : Law
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Book Rating : 226/5 ( reviews)

Collective Actions in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Collective Actions in Europe write by Csongor István Nagy. This book was released on 2019-08-19. Collective Actions in Europe available in PDF, EPUB and Kindle. This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.

Collective Redress and Private International Law in the EU

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Release : 2017-07-06
Genre : Law
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Book Rating : 868/5 ( reviews)

Collective Redress and Private International Law in the EU - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Collective Redress and Private International Law in the EU write by Thijs Bosters. This book was released on 2017-07-06. Collective Redress and Private International Law in the EU available in PDF, EPUB and Kindle. This book specifically covers issues regarding jurisdiction and the recognition andenforcement of judgments in cross-border mass disputes relating to financial services.Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputescollectively, are growing more important. Due to the global increase in cross-bordertrade 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 toresolve mass disputes and, aside from the EU’s recommendation on the drafting oflaws relating to collective redress, a reevaluation of the Brussels Regulation has alsotaken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old BrusselsRegulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, BrusselsI-bis does not contain any provision relating to collective redress. As a result, many questionsregarding cross-border mass disputes and the relevant private international law issues remainunanswered and unresolved. This book sets out to describe the most important prototypesby referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courtsin the EU and what the various pitfalls are. Moreover, the rules concerning the recognitionand enforcement of judgments originating from a collective procedure are listed. Ascross-border collective redress mechanisms and the rules of private international law to beused in such a context are still being developed, the goals of private international law andthe goals of the referred collective redress mechanisms are analysed to provide an insightinto how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involvedin and/or professionally interested in the field of private international law and collectiveredress mechanisms and should prove very useful in providing them with a greater in-depthunderstanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the SupremeCourt, he was an attorney-at-law with NautaDutilh in The Netherlands, where he workedin the Litigation & Arbitration department.

Collective Redress in Europe - Why and How?

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Release : 2015-03-01
Genre : Law
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Book Rating : 561/5 ( reviews)

Collective Redress in Europe - Why and How? - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Collective Redress in Europe - Why and How? write by Eva Lein. This book was released on 2015-03-01. Collective Redress in Europe - Why and How? available in PDF, EPUB and Kindle. The European Commission's Recommendation on Collective Redress (2013/396/EU) establishes a framework to ensure a coherent horizontal approach to collective litigation in the EU context without harmonizing national systems. The Commission clearly aims at distinguishing collective redress in Europe from the North American class action approach. This book explores the need for mass litigation mechanisms in Europe from a series of interdisciplinary perspectives (law and economics, behavioral sciences, and sociological/judicial perspectives). It also analyzes the current collective redress landscape in Europe in light of the Commission Recommendation. This includes: an assessment of national collective redress mechanisms * views from oversees on the present and future of collective litigation in Europe * commentary on various specific areas of collective redress (competition law, product liability, and consumer protection) * the options for and relevance of collective ADR mechanisms. The book is a useful tool for practitioners and academics with an interest in collective redress in Europe and overseas. [Subject: European Law, Consumer Law, Law and Economics, Collective Redress, Class Action, Competition Law, Alternative Dispute Resolution]

Resolving Mass Disputes

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Release : 2013
Genre : Law
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Book Rating : 900/5 ( reviews)

Resolving Mass Disputes - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Resolving Mass Disputes write by Astrid Stadler. This book was released on 2013. Resolving Mass Disputes available in PDF, EPUB and Kindle. 'Resolving Mass Disputes is a timely, informative, and stimulating book. the contributed chapters analyze the phenomena of interest - mass dispute resolution in court-based systems and their alternatives - in numerous countries and the EU, and the insights they afford are nicely drawn together in a comprehensive introduction by the editors, Christopher Hodges and Astrid Stadler. As a result, the reader is enabled to understand and begin to evaluate comparatively the various mechanisms by which a broad array of common law and civil law systems currently resolve mass disputes.' - Stephen B. Burbank, University of Pennsylvania Law School, US