On some issues of cross-border class actions

Svetlana Grubtsova,F.V Fetyukov

doi:10.1051/shsconf/202213400103

Abstract

At present, globalization imposes the conditions under which legal conflicts are no longer confined to the territory of one state and involve hundreds and thousands of people, both in Russia and abroad. Class actions are becoming global procedural means for collective protection of rights and interests, while the effectiveness of national models of class actions and their adaptation to cross-border conditions are questioned. According to the author, the greatest difficulties in cross-border class actions may arise in determination of amenability and jurisdiction, proper notification of foreign group members and joining the submitted claim, validity of court decisions in the cross-border class action and its recognition and execution, and the exclusion of adjudication of individual accusations in a foreign country after the court decision rendered in the cross-border class action. Based on the analysis of certain aspects, the author suggests that the resolution of issues of recognition and enforcement of court decisions in cross-border class actions can be affected by the models of class actions according to the rules for involving group members in group proceedings (opt-in and opt-out models). The paper provides recommendations for improving the current Russian procedural legislation in the context of development of the institution of class actions in the cross-border aspect, which concern the detailing of the legal regulation of the procedure for notification of foreign group members about the possibility of joining the class action.

Highlights

At the present stage of development of economic relations and civil transactions, increasing globalization expands the range of cross-border legal relations
We deal with a situation when not dozens but hundreds and thousands of persons, both in Russia and abroad, are involved in legal conflicts, and the rights and interests of both an indefinite circle of persons and a large personalized group [2]
The institute of class action in Russia has gone through certain stages of its normative, legal-practical and doctrinal development

Summary

Introduction

At the present stage of development of economic relations and civil transactions, increasing globalization expands the range of cross-border legal relations. We deal with a situation when not dozens but hundreds and thousands of persons, both in Russia and abroad, are involved in legal conflicts, and the rights and interests of both an indefinite circle of persons and a large personalized group [2]. Modern jurisdictions develop procedural means for collective protection of rights and interests, including a class action as the key one. Despite the legal imperfections of the class action institution [3], its positive legal effect on the protection of large groups of persons cannot be neglected. It is the procedural mechanism of group proceedings that allows plaintiffs to institute legal proceedings on their own behalf, and on behalf of other persons with similar interests. A number of researchers state that in the concept of a class action, a plaintiff, representative of the group, acts as a 'means of achieving' the court decision both in his own substantive action and on the legal actions of other class plaintiffs that are absent [4]

Results

Discussion

Conclusion