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    Extraterritoriality and Collective Redress

    Extraterritoriality and Collective Redress by Fairgrieve, Duncan; Lein, Eva;

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    Product details:

    • Edition number 01
    • Publisher OUP Oxford
    • Date of Publication 27 September 2012

    • ISBN 9780199655724
    • Binding Hardback
    • No. of pages490 pages
    • Size 251x191x32 mm
    • Weight 982 g
    • Language English
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    Short description:

    Examines the extraterritorial effect of collective redress litigation, looking at the way in which many collective redress issues span frontiers, and thus involve complex transnational dynamics. Includes detailed analysis of the law and jurisprudence with significant practical impact in this area.

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    Long 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.

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    Table of Contents:

    Part I: Collective Redress Mechanisms in a Comparative Perspective
    Class Actions and Collective Actions
    Collective Redress Procedures: European Debates
    Collective Action Reform in England and Wales
    Class Actions and Class Settlements Going Global: An Update from the Netherlands
    Collective Redress: Policy Objectives and Practical Problems
    Part II: Private International Law and Collective Redress
    A Coherent Approach to European Collective Redress:
    The Trouble with Cross-Border Collective Redress: Issues and Difficulties
    Cross-Border Collective Redress and Jurisdiction under Brussels I: A Mismatch
    Parallel Litigation and Cross-Border Collective Actions under the Brussels I Framework: Lessons from Abroad
    The Impact of the Brussels I Enforcement and Recognition Rules on Collective Actions
    Conflicts of Laws in Multinational Collective Actions: a Judicial Nightmare?
    Extra-territoriality of Evidence Gathering in US Class Action Proceedings
    The ILA Rio Resolution on Transnational Group Actions
    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
    Foreign Punitive Damages Decisions and Class Actions in Italy
    Certifying International Class Actions in Canada
    Collective Redress in Spain: Recognition and Enforcement of Class Action Judgments and Class Settlements
    Part IV: Extraterritoriality and US Law
    Morrison v. National Australia Bank: The US Supreme Court Limits Collective Redress for Securities Fraud
    Morrison v. National Australia Bank : Implications for Global Securities Class Actions
    Morrison v. National Australia Bank: Foreign Securities and the Jurisdiction to Prescribe
    'Bridging the Gap': Contrasting Effects of US Supreme Court Territorial Restraint on European Collective Claims
    Transnational Issuer Liability after the Financial Crisis: Seeking a Coherent Choice of Law Standard

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