A Comparative Examination Of Multi Party Actions
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| Author | : Joanne Blennerhassett |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 339 |
| Release | : 2016-10-20 |
| Genre | : Law |
| ISBN | : 1509905308 |
This monograph addresses the phenomenon of mass harm and how it may be resolved through collective redress. It examines particularly how such redress may be achieved through mechanisms such as multi-party actions (MPAs). In order to do this, an analytical framework is created against which to evaluate various multi-party procedures. This is illustrated through the experience of a selection of common law jurisdictions in dealing with mass harm – namely that of England and Wales, Canada, Australia and the United States, as well as that of EU collective redress. It examines multi-party action laws benchmarked against the objectives identified in the analytical framework. The phenomenon of environmental mass harm in particular is explored as a case study, as it illustrates some of the difficulties that may arise in mass harm litigation. Also, this work explores where the best solutions for mass harm redress may lie in the future – perhaps in collective actions or through alternatives such as regulation and alternative dispute resolution or a combination of these. Finally, the experience of mass harm litigation in Ireland is examined, as currently this jurisdiction does not have an effective mechanism for dealing with mass harm. This title is included in Bloomsbury Professional's International Arbitration online service.
| Author | : Bernard Hanotiau |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 414 |
| Release | : 2005-01-01 |
| Genre | : Law |
| ISBN | : 904112442X |
Provides an analysis of the issues arising from multiparty-multicontract arbitrations, including those involving States and groups of companies. This work analyses theories on the basis of which courts and arbitral tribunals determine who are parties to the arbitration clause; and whether an arbitration clause may be extended to non-signatories.
| Author | : Csongor István Nagy |
| Publisher | : Springer Nature |
| Total Pages | : 132 |
| Release | : 2019-08-19 |
| Genre | : Law |
| ISBN | : 3030242226 |
This open access book offers an analytical presentation of how Europe has created its own version of collective actions. In the last three decades, Europe has seen a remarkable proliferation of collective action legislation, making class actions the most successful export product of the American legal scholarship. While its spread has been surrounded by distrust and suspiciousness, today more than half of the EU Member States have introduced collective actions for damages and from those who did, more than half chose, to some extent, the opt-out system.This book demonstrates why collective actions have been felt needed from the perspective of access to justice and effectiveness of law, the European debate and the deep layers of the European reaction and resistance, revealing how the Copernican turn of class actions questions the fundamentals of the European thinking about market and public interest. Using a transsystemic presentation of the European national models, it analyzes the way collective actions were accommodated with the European regulatory environment, the novel and peculiar regulatory questions they had to address and how and why they work differently on this side of the Atlantic.
| Author | : Rachael Mulheron |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 616 |
| Release | : 2004-11-15 |
| Genre | : Law |
| ISBN | : 1847310966 |
Multi-party litigation is a world-wide legal process, and the class action device is one of its best-known manifestations. As a means of providing access to justice and achieving judicial economies, the class action is gaining increasing endorsement - particularly given the prevalence of mass consumerism of goods and services, and the extent to which the activities and decisions of corporations and government bodies can affect large numbers of people. The primary purpose of this book is to compare and contrast the class action models that apply under the federal regimes of Australia and the United States and the provincial regimes of Ontario and British Columbia in Canada. While the United States model is the most longstanding, there have now been sufficient judicial determinations under each of the studied jurisdictions to provide a constructive basis for comparison. In the context of the drafting and application of a workable class action framework, it is apparent that similar problems have been confronted across these jurisdictions, which in turn promotes a search for assistance in the experience and legal analysis of others. The book is presented in three Parts. The first Part deals with the class action concept and its alternatives, and also discusses and critiques the stance of England where the introduction of the opt-out class action model has been opposed. The second Part focuses upon the various criteria and factors governing commencement of a class action (encompassing matters such as commonality, superiority, suitability, and the class representative). Part 3 examines matters pertaining to conduct of the action itself (such as becoming a class member, notice requirements, settlement, judgments, and costs and fees). The book is written to have practical utility for a wide range of legal practitioners and professionals, such as: academics and students of comparative civil procedure and multi-party litigation; litigation lawyers who may use the reference materials cited to the benefit of their own class action clients; and those charged with law reform who look to adopt the most workable (and avoid the unworkable) features in class action models elsewhere.
| Author | : Christopher J. S. Hodges |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 9780198298960 |
This is the first practitioner's work on the new rule on Group Litigation Orders under Britain's Civil Procedure Rules. It provides exhaustive analysis of the new rule and relates it to the extensive experience that has been gained in the major multi-party actions of recent years.
| Author | : Jean-Benoit Pilet |
| Publisher | : Routledge |
| Total Pages | : 288 |
| Release | : 2014-01-10 |
| Genre | : Political Science |
| ISBN | : 1317929454 |
This book explores the ways in which political parties, in contemporary parliamentary democracies, choose their leaders and then subsequently hold them accountable. The authors provide a comprehensive examination of party leadership selection and accountability both through examination of parties and countries in different institutional settings and through a holistic analysis of the role of party leaders and the methods through which they assume, and exit, the office. The collection includes essays on Australia, Austria, Belgium, Canada, Germany, Hungary, Israel, Italy, Portugal, Romania, Spain, Norway and the United Kingdom which have important differences in their party systems, their degree of democratization, the role assigned to party leaders and their methods of leadership selection. Each country examination provides significant data relating to party rules and norms of leadership selection, leadership tenures and leadership contests. The book concludes with a chapter that merges the country data analyses to provide a truly comparative examination of the theoretical questions underlying the volume. This book will be of strong interest to students and scholars of legislative studies, elections, democracy, political parties, party systems, political elites and comparative politics.
| Author | : Damien Gerard |
| Publisher | : Cambridge University Press |
| Total Pages | : 475 |
| Release | : 2019-05-09 |
| Genre | : Law |
| ISBN | : 1108498086 |
Provides a new conceptualization of competition law as economic inequality and its interaction with efficiency become of central concern to policy and decision-makers.
| Author | : R. Doak Bishop |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2009 |
| Genre | : Law |
| ISBN | : 9780199551729 |
This publication from the International Bureau of the Permanent Court of Arbitration (PCA) presents a collection of studies on the key issues found in complex international commercial and investment disputes. Renowned authors from Europe and North America consider issues from perspectives emanating from both the Anglo-American and Continental European legal systems. The authors consider international multiparty arbitration and its attendant problems from both a conceptual and practical perspective, beginning with the overarching legal problems of determining the proper parties to the arbitration and the ambit of contractual consent. Topics which are comprehensively examined include: Joiner of parties and consolidation of arbitral proceedings; the challenges of administration of multiparty arbitrations; investment arbitration involving multiple parties and multiparty issues in investor-state arbitration; classwide arbitration and arbitrating mass investor claims; lessons that can be learnt from mass claims processes; and enforcement issues. The book also includes a practitioner-oriented discussion of multiparty arbitration in the construction industry.
| Author | : National Academies of Sciences, Engineering, and Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 583 |
| Release | : 2017-04-27 |
| Genre | : Medical |
| ISBN | : 0309452961 |
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
| Author | : Alan Uzelac |
| Publisher | : Springer Nature |
| Total Pages | : 400 |
| Release | : 2021-06-23 |
| Genre | : Law |
| ISBN | : 3030730360 |
Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
