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Schemes of Arrangement and Voluntary Collective Redress: A Gap in the Brussels I Regulation

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Abstract:

The Brussels I Regulation was drafted having adversarial proceedings in mind. Recent cases in England and the Netherlands have demonstrated that Brussels I is inadequately equipped to deal with proceedings not aimed at suing anyone in particular. The present article aims to analyse the position of English schemes of arrangement and Dutch voluntary collective redress in the framework of Brussels I. It will first be explored to what extent English and Dutch courts may derive international jurisdiction to sanction a settlement agreement with foreign elements. Subsequently, it will be assessed whether the decision to sanction the settlement agreement may benefit from the free movement of judgments.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/JPRIVINTL.8.2.225

Publication date: August 15, 2012

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