The Dutch proposal for collective settlements:new trends in multi party actions. An evaluation. Presentation for the British Institute for International.

Slides:

Advertisements

Similar presentations

INTERNATIONAL LAW PARMA UNIVERSITY International Business and Development International Markets and Organizations Law Prof. Gabriele Catalini.

Advertisements

CONSUMER ADR and COLLECTIVE REDRESS Professor Dr Christopher Hodges Head of the CMS Research Programme on Civil Justice Systems Centre for Socio-Legal.

Financial Services and Consumer redress Unit DG SANCO The Commission‘s initiative on Collective Redress.

Collective redress in the Netherlands Flip Wijers - 13 November

Cost Effective Dispute Resolution Alana Dowley Legal Services Director Contract Intelligence Pty Ltd.

ESTABLISHING A SMALL CLAIMS PROCEDURE IN UGANDA – KEY FINDINGS BY JUSTICE GEOFFREY KIRYABWIRE.

HKIAC in the Americas: Navigating Dispute Resolution in Asia Chiann Bao, Secretary General, HKIAC.

OFFICE FOR THE PROTECTION OF COMPETITION OF THE CZECH REPUBLIC1 Judicial Review in Competition Cases in the Czech Republic Robert Neruda Director of the.

© 2012 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license.

Class action in The Netherlands Mr. Bertjan de Lange Mr. Tessa Havekes.

Changes in the Dutch judicial system

© 2005 Dechert LLP CLASS ACTIONS IN THE UNITED STATES: OVERVIEW AND RECENT DEVELOPMENTS For Presentation at the British Institute of Comparative Law June.

DISPUTE RESOLUTION METHODS

Supreme Court American Government. The Court  The Supreme Court is the ultimate court of the land  There are 9 judges that make up the Supreme Court.

Collective Actions in Civil Procedure a comparative overview.

Different Courts in Ireland By Gearoid Nagle. How many courts is there? There are four different courts in Ireland. There is: The District Court The Circuit.

Nick Melendez & Johanna Redick.  A typical state court system resembles the federal system.  Legislature makes the laws.  Executive branch enforces.

Introduction to Civil Procedure in the United States Wake Forest LLM Introduction to American Law Alan R. Palmiter – Sep

Public Law Remedies Judicial Review. Introduction Part 54 Civil Procedure Rules Procedure The remedies available.

3-1 Chapter 3— The Court System REED SHEDD PAGNATTARO MOREHEAD F I F T E E N T H E D I T I O N McGraw-Hill/Irwin Copyright © 2010 by The McGraw-Hill Companies,

State Governments. Any powers not given to the government belong to the or the people. These are called they are reserved or set aside for the states.

Copyright © 2005 Pearson Education Canada Inc. Business Law in Canada, 7/e, Chapter 2 Business Law in Canada, 7/e Chapter 2 The Resolution of Disputes.

NARUC Energy Regulatory Partnership Program The Georgian National Energy Regulatory Commission and The Vermont Public Service Board by John D. Burke, Board.

JUDGES AND CIVIL LIBERTIES By Mr. N. Scott – edited by Mrs W Attewell.

Contemporary Law & Justice M. Teal

Overview of Administrative Law. History of Administrative Law.

Three Branch of Government By Macee Executive Branch The Executive Branch is run by the President and Vice President. The Executive Branch is housed.

What makes politicians supportive to mediation ? They perceive mediation as superior instrument for conflict resolution; They perceive mediation as superior.

1 Agenda for 19th Class Admin – Handouts – Name plates – Mock mediation on Friday Remember to go directly to the assigned room (not this classroom) Review.

Overview of Civil Judicial Enforcement. Civil Judicial Enforcement  Who may file civil judicial environmental enforcement actions in U.S.? Federal Government.

Institut der beim Europäischen Patentamt zugelassenen Vertreter Institute of Professional Representatives before the European Patent Office Institut des.

BRITISH INSTITUTE OF INTERNATIONAL AND COMPARATIVE LAW Multi-Party Litigation in Comparative Perspective 27 June 2005 Current issues in English group actions.

Principles of International Commercial Arbitration Allen B. Green McKenna Long & Aldridge, LLP.

Introduction to Administrative Law Spring What does Administrative Law Deal With? The formation, staffing, and funding of agencies. Rulemaking (legislation)

© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION TRIAL-SETTING PROCEDURES.

Civil Dispute Resolutions. Judicial Determination  Judicial determination is when a dispute is resolve by a third party Judge. This is done in the Supreme.

Class Actions and Mass Tort Litigation: Aggregative Justice in a Global Context Professor Linda S. Mullenix University of Trento, Italy Spring 2007 – Rule.

Trials and Resolving Disputes

Introduction to American Law Government and Legal System.

Sources of Law Law Reform. What do you need to know about law reform?  What is it?  Why is it necessary?  Where do the pressures for reform come from?

1 English Legal System Civil court reforms. 2 Civil courts Civil reform Thermawear V Linton (1995) CA as per Lord Justice Henry, “…the adversarial system.

European e-Justice LIT Search Final Conference 9 November 2015 Dick HEIMANS – Deputy Head of Unit B2.

Opt in vs. Opt out Emmanuel Gybels. 2 Introductionary remark : there is not one answer to this question – approach varies depending on type of claim and.

AP Government “Judicial Branch”

Civil Law Civil Law – is also considered private law as it is between individuals. It may also be called “Tort” Law, as a tort is a wrong committed against.

Chief Judge Intellectual Property High Court Ryuichi Shitara.

Resolving Civil Disputes

The Supreme Court. Judicial Review: Power to consider the constitutionality of and act of government (legislative, Executive or Judicial) This power rests.

International Commercial Arbitration Function and legal framework University of Oslo Giuditta Cordero-Moss, Ph.D., Dr.Juris Professor, Oslo University.

Sarajevo, November 14, 2012 JUDr. Ivana Hrdlickova, Ph.D. The Reduction of Backlog cases The Experience of The Czech Republic.

Hong Kong Legal System Mr

CHAPTER 2 LEGAL INSTITUTIONS

The Dutch proposal for collective settlements:new trends in multi party actions. An evaluation. Presentation for the British Institute for International.

Commercial Litigation in the United States

CLASS ACTIONS IN THE UNITED STATES: OVERVIEW AND RECENT DEVELOPMENTS

The Civil Courts and other forms of Dispute Resolution

Court Procedures for Negligence Cases

Courts of Law Also called “king’s courts” where judges were appointed by the king. Remedies limited to those provided at law, i.e., land, chattel, money.

State governance and admiNistration of justice

Ambulance Chasing 101: Civil Procedure and Torts

Civil law STANDARD CE.10c.

A2: The Judicial Branch Basics Notes

The Stages of Litigation

ROYAL UNIVERSITY OF LAW AND ECONOMIC

Three Branches of Government

Judicial System in India

POWERS OF PRESIDENT: CHAPTER 7 SECTION 2

Judicial Branch Not Guilty!!!.

Overview of Administrative Law

Collective Actions in Civil Procedure

Presentation transcript:

The Dutch proposal for collective settlements:new trends in multi party actions. An evaluation. Presentation for the British Institute for International Comparative Law 27 th of June 2005

2 Outline presentation Main features Background proposal Comments Personal Note

3 Main features Collective settlement out of court by defendants and representative organisations (if defendants don’t want to: (almost) end of story) Parties can jointly ask the judge to aprove it; Court of Appeal Amsterdam Damage scheduling; Opt out possibility;

4 (Factual) background proposal 1986: DES litigation 1992: Supreme Court ruling ‘a rainmaker’ DES Register Centre: in 6 weeks ( DES mothers; doughters and sons) 1999: DES Fund and settlement (€ 34 million)

5 (Judicial) background proposal Dutch Law: only collective actions for injunctive relief and ‘declarations’ Initiated by representative ‘interest organisations’ No ‘damages’ class/collective actions Defendants want final settlement (not ad hoc) Legislation is needed

6 (Political) background proposal Public (and thus political) pressure to resolve the DES matter Preparation of proposal Consulations with ‘interested parties’ Not with Dutch Consumer Organisation January 2004: presentation of proposal on Collective Settlements Summer 2005: unacted 2006 (20 years later): start of distribution

7 The comments Judiciary: ‘not amused’ The Bar: different reactions Nice Nice but useless Consumer organisation: ‘angry and disappointed’

8 Personal note Two determinants: Working Group (the Dutch ‘troika’) Fundamental revieuw of the Dutch law of civil procedure PhD Working Group suggestions Involve judiciary in pre-action stage Less codification: more flexibility

9 Personal note PhD See previous Focuss on really important matters like dealing with the ‘limited fund’-issue Pay attention to the invluence of (financial) incentives and the dynamics of collective settlements; they generate volume Consider the possibilities of ‘private law enforcement’ in ‘no bother cases’ (or large scale small claim litigation)

10