€ 37,50
Auteur(s): H. van Lith
ISBN: 9789046604076
Deze uitgave behandelt grondig de IPR-aspecten van de Nederlandse Wet collectieve afhandeling massaschade. Zij kwam tot stand in opdracht van het WODC van het Ministerie van Justitie, en werd voor deze editie aangevuld met recente baanbrekende Nederlandse jurisprudentie.
This book analyses aspects of private international law when a collective settlement is
concluded for the benefit of foreign interested parties under the 2005 Dutch Collective
Settlements Act (WCAM). In essence, the Act provides for collective redress by way of
a court approved collective settlement concluded for the benefit of persons to whom
damage was allegedly caused. The WCAM is based on an opt-out mechanism; if the
collective settlement is declared binding, it binds all persons covered by its terms, except
for those who have indicated that they do not wish to be bound by the agreement.
Since the well-known Shell and Converium settlements, among other cases, the WCAM
definitively entered the international arena. These settlements were reached in order to
obtain relief for interested persons in Europe and beyond who were excluded from US
class actions. This need to provide for relief is a major incentive to settle under the
WCAM as the Netherlands is, at present, the only EU Member State with the possibility
of providing relief by way of a collective settlement which would be complimentary to US
settlements or other collective redress proceedings. However, the international application
of the WCAM does raise questions from a private international law perspective. This book
deals with those questions and analyses various aspects of private international law
including international jurisdiction, cross-border notification, recognition, applicable law, and
representation of foreign interested parties.
The principal purpose of this publication is to assess the suitability of existing private
international law instruments at the national, European and international levels for the
application of WCAM in transnational mass damage cases. The Brussels I Regulation
44/2001, the Service Regulation 2007, the Hague Service Convention, and the Rome I
and II Regulations are, among other instruments, extensively discussed and explained in
the light of the international application of the WCAM. The book also includes several
comparative observations in relation to jurisdictions such as the USA and Canada that are
familiar with collective actions with opt-out mechanisms.
Overzicht IPR Thema Reeks
Over de auteur(s):
Dr. Hélène van Lith is a legal consultant based in Paris. She was previously a Senior
Lecturer and Assistant Professor of Private International Law & Comparative Law at
Erasmus University Rotterdam, the Netherlands. Dr. van Lith carried out the present WCAM
and Private International Law research at the request of the Research and Documentation
Centre of the Dutch Ministry of Justice and supervised by the Erasmus School of Law.
