Details

Collective Redress and Private International Law in the EU

von: Thijs Bosters
128,39 €
Verlag:	T.M.C. Asser Press
Format:	PDF
Veröffentl.:	06.07.2017
ISBN/EAN:	9789462651869
Sprache:	englisch

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Beschreibungen

Titelbeschreibung

<div><div>This book specifically covers issues regarding jurisdiction and the recognition and</div><div>enforcement of judgments in cross-border mass disputes relating to financial services.</div><div>Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputes</div><div>collectively, are growing more important. Due to the global increase in cross-border</div><div>trade and financial transactions, the number of cross-border mass disputes has increased.</div><div>In the EU, several prototypes of collective redress mechanism exist that can be used to</div><div>resolve mass disputes and, aside from the EU’s recommendation on the drafting of</div><div>laws relating to collective redress, a reevaluation of the Brussels Regulation has also</div><div>taken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old Brussels</div><div>Regulation dating from 2000.</div><div><br></div><div>In spite of a minor reference to collective redress in the Commission proposal, Brussels</div><div>I-bis does not contain any provision relating to collective redress. As a result, many questions</div><div>regarding cross-border mass disputes and the relevant private international law issues remain</div><div>unanswered and unresolved. This book sets out to describe the most important prototypes</div><div>by referring to actual collective redress mechanisms.</div><div><br></div><div>In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courts</div><div>in the EU and what the various pitfalls are. Moreover, the rules concerning the recognition</div><div>and enforcement of judgments originating from a collective procedure are listed. As</div><div>cross-border collective redress mechanisms and the rules of private international law to be</div><div>used in such a context are still being developed, the goals of private international law and</div><div>the goals of the referred collective redress mechanisms are analysed to provide an insight</div><div>into how these sets of rules should and could be employed.</div><div><br></div><div>This book is primarily aimed at researchers, practitioners and lawmakers actively involved</div><div>in and/or professionally interested in the field of private international law and collective</div><div>redress mechanisms and should prove very useful in providing them with a greater in-depth</div><div>understanding of the issues at hand.</div><div><br></div><div>Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the Supreme</div><div>Court, he was an attorney-at-law with NautaDutilh in The Netherlands, where he worked</div><div>in the Litigation & Arbitration department.</div></div>

Inhaltsverzeichnis

Introduction.- Collective redress mechanisms in the EU.- German KapMuG procedure.- Dutch collective action.- Dutch WCAM procedure.- Jurisdiction in cross-border mass disputes 76.- Jurisdiction and the KapMuG.- Jurisdiction and the Dutch collective action 127.- Jurisdiction and the WCAM.- Parallel proceedings.- Goals of the Brussels Regulation regarding jurisdiction.- Recognition and enforcement of foreign collective redress judgments.- Recognition and enforcement of KapMuG judgments.- Recognition and enforcement in relation to a collective action procedure.- Recognition and enforcement of a WCAM judgment.- Goals of the Brussels Regulation regarding recognition and enforcement.- Making cross-border collective redress possible.- Summary.- Relevant developments and possible future research.- Bibliography.- Curriculum vitae.- Index7632.

Back cover copy

<div><div>This book specifically covers issues regarding jurisdiction and the recognition and</div><div>enforcement of judgments in cross-border mass disputes relating to financial services.</div><div>Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputes</div><div>collectively, are growing more important. Due to the global increase in cross-border</div><div>trade and financial transactions, the number of cross-border mass disputes has increased.</div><div>In the EU, several prototypes of collective redress mechanism exist that can be used to</div><div>resolve mass disputes and, aside from the EU’s recommendation on the drafting of</div><div>laws relating to collective redress, a reevaluation of the Brussels Regulation has also</div><div>taken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old Brussels</div><div>Regulation dating from 2000.</div><div><br></div><div>In spite of a minor reference to collective redress in the Commission proposal, Brussels</div>I-bis does not contain any provision relating to collective redress. As a result, many questions</div><div>regarding cross-border mass disputes and the relevant private international law issues remain</div><div>unanswered and unresolved. This book sets out to describe the most important prototypes</div><div>by referring to actual collective redress mechanisms.</div><div><br></div><div>In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courts</div><div>in the EU and what the various pitfalls are. Moreover, the rules concerning the recognition</div><div>and enforcement of judgments originating from a collective procedure are listed. As</div><div>cross-border collective redress mechanisms and the rules of private international law to be</div><div>used in such a context are still being developed, the goals of private international law and</div><div>the goals of the referred collective redress mechanisms are analysed to provide an insight</div><div>into how these sets of rules should and could be employed.</div><br><div>This book is primarily aimed at researchers, practitioners and lawmakers actively involved</div><div>in and/or professionally interested in the field of private international law and collective</div><div>redress mechanisms and should prove very useful in providing them with a greater in-depth</div><div>understanding of the issues at hand.</div><div><br></div><div>Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the Supreme</div>Court, he was an attorney-at-law with NautaDutilh in The Netherlands, where he worked<div>in the Litigation & Arbitration department.</div>

Sonderbeitrag

<p>Gives an extensive overview of private international law and class action-style proceedings in the EU</p><p>Sets out the aims of the Brussels Regulation and the aims of various collective redress mechanisms to demonstrate in an often practical manner how these sets of rules should and/or could be employed</p><p>Provides ideas for legislators regarding new rules by which to regulate the field of cross-border mass disputes</p><p>Includes supplementary material: sn.pub/extras</p>