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Vol 24 No 9 Sept/Oct 2019

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The Anti-Suit Injunction

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Jurisdiction and Cross-Border Collective Redress: A European Private International Law Perspective (eBook)


ISBN13: 9781509930302
Published: July 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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Over the past decades, the rise of cross-border law violations has harmed numerous victims around the globe. In those cases, the damages are often dispersed and low. 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.

The book thoroughly analyses the dominant collective redress models adopted in the EU. Information from 13 Member States has been catalogued and categorised. 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 crossborder 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, it proposes the creation of a new head of jurisdiction for international collective redress cases. By so doing, it will appeal to legal practitioners, judges and policy-makers.

Subjects:
Conflict of Laws, eBooks
Contents:
Introduction
I. The Rise of Mass Damages and the Corresponding Private Enforcement Gap
II. Collective Redress to the Rescue
III. Efforts at the EU Level
IV. Delineation of the Material Scope
V. Towards the Construction of an Appropriate Regime on International Jurisdiction in Collective Redress Cases
1. Back to the Origin: The US Class Action
I. A Primer on Class Actions
II. Pre-Certification Questions
III. Class Certification
IV. Post-Certification Steps
V. Conclusion
2. Collective Redress Mechanisms in the EU
I. Developments of National Collective Redress Mechanisms
II. The Role of the EU
III. Conclusion
3. Private International Law Analysis
I. Jurisdiction under the Brussels Regulation (Recast) (BIa)
II. Jurisdiction and Collective Redress
III. Conclusion
4. Proposal for an Appropriate Forum Regarding Collective Redress Actions
I. Appropriateness of the Current Provisions and Proposals for Reform
II. Proposal
III. Conclusion
Final Conclusions
I. Harmonisation of Collective Redress Mechanisms: Unity over Diversity
II. The Proposal: Access to Justice over Unity

Series: Studies in Private International Law

Planning the Future of Cross Border Families: A Path Through Coordination ISBN 9781509919864
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Private International Law in Nigeria ISBN 9781509911134
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Place of Performance: A Comparative Analysis ISBN 9781509936205
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The Private International Law of Authentic Instruments ISBN 9781509907632
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Clawback Law in the Context of Succession ISBN 9781509932320
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The Nature and Enforcement of Choice of Court Agreements: A Comparative Study ISBN 9781509936410
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Economic Sanctions in EU Private International Law ISBN 9781509933518
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Recognition and Enforcement of Judgments in Civil and Commercial Matters
Edited by: Anselmo Reyes
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The Choice of Law Contract ISBN 9781509926800
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Forum Non Conveniens in England: Past, Present, and Future ISBN 9781782256403
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Maintenance And Child Support in Private International Law ISBN 9781509915507
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The Choice of Law Contract (eBook) ISBN 9781509901029
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The Choice of Law Contract ISBN 9781849467643
Published July 2016
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Recovery of Maintenance in the EU and Worldwide
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Electronic Consumer Contracts in the Conflict of Laws 2nd ed ISBN 9781849466912
Published October 2015
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£75.00
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Recovery of Maintenance in the EU and Worldwide
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The Hague Child Abduction Convention: A Critical Analysis ISBN 9781849460170
Published November 2013
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The Hague Child Abduction Convention: A Critical Analysis (eBook) ISBN 9781782253099
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Child Abduction within the European Union ISBN 9781849463973
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Intellectual Property and Private International Law: Comparative Perspectives (eBook)
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Intellectual Property and Private International Law: Comparative Perspectives
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The Governing Law of Companies in EU Law (eBook) ISBN 9781847319272
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International Child Abduction: The Inadequacies of the Law ISBN 9781849461566
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Cases and Materials on EU Private International Law ISBN 9781849460279
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Jurisdiction and Judgments in Relation to EU Competition Law Claims ISBN 9781841136592
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Foreign Currency Claims in the Conflict of Laws ISBN 9781841138923
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Electronic Consumer Contracts in the Conflict of Laws ISBN 9781841138473
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