Cross-Border Class Actions
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About this book
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.
Topics
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Frontmatter
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Foreword
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List of Authors
vii -
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Short Table of Contents
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Table of Contents
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Introduction: Market Regulation, Judicial Cooperation and Collective Redress
1 - A. The Private International Law of Collective Redress
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Collective Redress and the Jurisdictional Model of the Brussels I Regulation
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The Consolidation of Collective Claims Under Brussels I
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Recognition, Enforcement and Collective Judgments
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European Class Actions and Applicable Law
111 - B. New Perspectives on Collective Redress
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Collective Redress and Competition Policy
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The Emerging EU Legal Regime for Collective Redress: Institutional Dimension and Its Main Features
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The Class Action Experience in Israel and the Value of Having a Representative with a Personal Claim
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Class Arbitration in Europe?
209 - C. Case Studies on Cross-Border Collective Redress
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Private International Law and Collective Redress – The case of Antitrust damage claims
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Compensatory Consumer Collective Redress and the Brussels I Regulation (Recast)
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Rethinking Collective Redress, Consumer Protection and Brussels I Regulation
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Transnational Securities Fraud Class Actions: Looking Towards Europe?
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Rome II and the Law of Financial Markets: The Case of Damage Caused by the Breach of Disclosure
291 -
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Collective Redress and Global Governance (Concluding Remarks)
315 -
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Backmatter
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