Collective Redress in Europe: The New Model
Civil Justice Quarterly, Forthcoming
27 Pages Posted: 12 Feb 2010
Date Written: February 12, 2010
Abstract
Intense debate on collective redress in Europe has led to rejection of a judicial, litigation- or court-based procedure as the primary model for delivering collective redress. In its place a three-pillared integrated model has emerged that combines elements of bilateral negotiation and settlement, the involvement of outside facilitators such as mediators and public authorities, and, a court-based procedure as a supervisory and last resort. This paper examines the policy objectives, the new model and its constituent pillars, and whether competition law might be a special case, before considering the profound implications for the future of dispute resolution generally in Europe.
Keywords: Collective Redress, Class Actions, Representative Actions, EU, Consumer, Competition
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