Enforcing Mass Settlements in the European Judicial Area: EU Policy and the Strange Case of Dutch Collective Settlements (WCAM)

Christopher Hodges and Astrid Stadler (eds.), Resolving Mass Disputes. ADR and Settlement of Mass Claims, Edward Elgar Cheltenham, UK/Northampton, MA, USA, 2013, pp. 63-90

18 Pages Posted: 12 Nov 2013 Last revised: 29 Sep 2014

Xandra E. Kramer

Erasmus University Rotterdam (EUR), Erasmus School of Law; Utrecht University School of Law

Date Written: June 30, 2013

Abstract

Mass litigation and mass settlements are on the rise in Europe. In relation to the recognition and enforcement the academic debate so far has primarily focused on US class actions and settelements. This paper explores and evaluates the EU area of judicial cooperation in civil matters with a view to enforcement and collective redress, and particularly mass settlements. The question is whether, and to what extent, mass settlements are or should be enforceable within the EU. The discussion centres on the Dutch WCAM settlement as the most prominent example. Though this Dutch mass settlement mechanism has not yet resulted in numerous cases, it has involved a few prominent international cases (notably Shell and Converium) that have attracted attention worldwide.

Keywords: collective redress, mass settlements, recognition and enforcement, European judicial area, class actions

JEL Classification: K40, K41, K42, K13

Suggested Citation

Kramer, Xandra E., Enforcing Mass Settlements in the European Judicial Area: EU Policy and the Strange Case of Dutch Collective Settlements (WCAM) (June 30, 2013). Christopher Hodges and Astrid Stadler (eds.), Resolving Mass Disputes. ADR and Settlement of Mass Claims, Edward Elgar Cheltenham, UK/Northampton, MA, USA, 2013, pp. 63-90. Available at SSRN: https://ssrn.com/abstract=2353104

Xandra E. Kramer (Contact Author)

Erasmus University Rotterdam (EUR), Erasmus School of Law ( email )

3000 DR Rotterdam
Netherlands

Utrecht University School of Law ( email )

Janskerkhof 3
Utrecht, 3512 BK
Netherlands

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