Cross-Border Class Actions - 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 Cross-Border Class Actions write by Arnaud Nuyts. This book was released on 2013-12-19. Cross-Border Class Actions available in PDF, EPUB and Kindle. Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
Class Actions and Government
Class Actions and Government - 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 Class Actions and Government write by Rachael Mulheron. This book was released on 2020-04-02. Class Actions and Government available in PDF, EPUB and Kindle. Government, in all of its guises, plays a significant, controversial, and sometimes hidden, role in class actions reform and litigation.
Class Actions in Privacy Law
Class Actions in Privacy Law - 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 Class Actions in Privacy Law write by Ignacio N. Cofone. This book was released on 2020-10-26. Class Actions in Privacy Law available in PDF, EPUB and Kindle. Class actions in privacy law are rapidly growing as a legal vehicle for citizens around the world to hold corporations liable for privacy violations. Current and future developments in these class actions stand to shift the corporate liability landscape for companies that interact with people’s personal information. Privacy class actions are at the intersection of civil litigation, privacy law, and data protection. Developments in privacy class actions raise complex issues of substantive law as well as challenges to the established procedures governing class action litigation. Their outcomes are integral to the evolution of privacy law and data protection law across jurisdictions. This book brings together established scholars in privacy law, data protection law, and collective litigation to offer a detailed perspective on the present and future of collective litigation for privacy claims. Taking a comparative approach, this book incorporates considerations from consumer protection law, procedural law, cross-border litigation, tort law, and data protection law, which are key to understanding the development of privacy class actions. In doing so, it offers an analysis of the novel challenges they pose for courts, regulatory agencies, scholars, and litigators, together with their potential solutions.
Global Class Actions and Cross-Border Collective Redress
Global Class Actions and Cross-Border Collective Redress - 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 Global Class Actions and Cross-Border Collective Redress write by S.I. Strong. This book was released on 2018. Global Class Actions and Cross-Border Collective Redress available in PDF, EPUB and Kindle. While much has been written about the advantages and disadvantages of large-scale litigation and arbitration from a public policy perspective, relatively little has been written about how parties can affect the resolution of mass disputes as a matter of contract, particularly in cases involving parties from several different countries. This chapter therefore considers whether and to what extent standard contractual devices, including choice of law agreements, choice of court agreements and arbitration agreements, can be used in cases involving large-scale international legal injuries. The discussion begins by considering the various ways that large-scale disputes can arise, since different fact patterns require different types of contractual responses, then outlines the kinds of problems that arise in cases of cross-border collective redress, including those of a substantive, regulatory and procedural nature. The analysis then evaluates a variety of possible solutions to these problems, including those generated by the state as well as those generated by private parties. The latter discussion not only addresses procedural agreements (including waivers of mass claims) that arise on a pre-dispute basis, it also considers the possibility of obtaining consent to various procedures on a post-dispute basis, a technique that has long been said to be impossible but that is the only feasible option in certain fact patterns or legal regimes. In undertaking this analysis, this chapter challenges conventional wisdom suggesting that parties to large-scale international disputes are either unwilling or unable to create carefully tailored, mutually agreeable procedures through private contract measures. Instead, this discussion shows that it is in fact possible for parties to international commercial and investment disputes to adopt both pre-dispute and post-dispute agreements that reduce the time, cost and uncertainty associated with global class actions and cross-border collective redress, thereby avoiding the numerous problems associated with contemporary litigation practice.
Jurisdiction and Cross-Border Collective Redress
Jurisdiction and Cross-Border Collective Redress - 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 Jurisdiction and Cross-Border Collective Redress write by Alexia Pato. This book was released on 2019-07-11. Jurisdiction and Cross-Border Collective Redress available in PDF, EPUB and Kindle. In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. 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. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The 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 cross-border 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, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
