LEADER 05031nam 22004815 450 001 9910255263503321 005 20200706224308.0 010 $a9789462651869 (eBook) 010 $a9462651868 010 $z9789462651852 (print format) 010 $z946265185X 024 7 $a10.1007/978-94-6265-186-9 035 $a(CKB)4340000000061842 035 $a(MiAaPQ)EBC4905371 035 $a(DE-He213)978-94-6265-186-9 035 $a(PPN)222239417 035 $a(EXLCZ)994340000000061842 100 $a20170708d2017 u| 0 101 0 $aeng 135 $aurcnu|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aCollective Redress and Private International Law in the EU /$fby Thijs Bosters 205 $a1st ed. 2017. 210 1$aThe Hague :$cT.M.C. Asser Press :$cImprint: T.M.C. Asser Press,$d2017. 215 $a1 online resource (265 pages) $cillustrations; digital, PDF file(s) 311 18$aPrint version: 9789462651852 320 $aIncludes bibliographical references at the end of each chapters and index. 327 $aIntroduction -- 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. 330 $aThis book specifically covers issues regarding jurisdiction and the recognition and enforcement of judgments in cross-border mass disputes relating to financial services. Collective redress mechanisms, legal mechanisms which can be used to resolve mass disputes collectively, are growing more important. Due to the global increase in cross-border trade and financial transactions, the number of cross-border mass disputes has increased. In the EU, several prototypes of collective redress mechanism exist that can be used to resolve mass disputes and, aside from the EU?s recommendation on the drafting of laws relating to collective redress, a reevaluation of the Brussels Regulation has also taken place as on 10 January 2015 the Brussels I-bis Regulation replaced the old Brussels Regulation dating from 2000. In spite of a minor reference to collective redress in the Commission proposal, Brussels I-bis does not contain any provision relating to collective redress. As a result, many questions regarding cross-border mass disputes and the relevant private international law issues remain unanswered and unresolved. This book sets out to describe the most important prototypes by referring to actual collective redress mechanisms. In addition, it also sets out how parties to such mass disputes can confer jurisdiction to courts in the EU and what the various pitfalls are. Moreover, the rules concerning the recognition and enforcement of judgments originating from a collective procedure are listed. As cross-border collective redress mechanisms and the rules of private international law to be used in such a context are still being developed, the goals of private international law and the goals of the referred collective redress mechanisms are analysed to provide an insight into how these sets of rules should and could be employed. This book is primarily aimed at researchers, practitioners and lawmakers actively involved in and/or professionally interested in the field of private international law and collective redress mechanisms and should prove very useful in providing them with a greater in-depth understanding of the issues at hand. Thijs Bosters is a law clerk at the Dutch Supreme Court. Prior to his work at the Supreme Court, he was an attorney-at-law with NautaDutilh in The Netherlands, where he worked in the Litigation & Arbitration department. 606 $aPrivate international law 606 $aConflict of laws 606 $aPrivate International Law, International & Foreign Law, Comparative Law $3https://scigraph.springernature.com/ontologies/product-market-codes/R14002 615 0$aPrivate international law. 615 0$aConflict of laws. 615 14$aPrivate International Law, International & Foreign Law, Comparative Law . 676 $a343.24071 700 $aBosters$b Thijs$4aut$4http://id.loc.gov/vocabulary/relators/aut$0864712 906 $aBOOK 912 $a9910255263503321 996 $aCollective Redress and Private International Law in the EU$91930107 997 $aUNINA