US-style litigation and the spread of the class action

Abstract

As America continues to be a key protagonist in the march of globalisation, the American ways of doing business and resolving the disputes which arise from that business, are starting to inform and reform European markets. The American, Anglo-Saxon approach to dispute resolution, characterised by adversarial procedures and wide-ranging disclosure obligations, is finding a foothold in Europe. Moreover, the increasingly long reach of American legislators and Courts see European companies drawn more and more into American regulation and litigation.A key aspect of the American approach to dispute resolution is the class action which provides a framework for claims being brought on behalf of hundreds or thousands of claimants. Whilst legal systems in America are more facilitative of this type of procedure than many European jurisdictions, the idea of mass-claimant litigation is starting to take root here. This article examines the spread of the class action, and of other aspects of the American way of resolving disputes, in Europe.