WCAM: The Dutch Collective Settlement Act
1. Introduction In 2005 the Netherlands adopted the Dutch Collective Settlement Act, also known as WCAM model,[1] which offers an interesting solution in the field of collective redress. Such model provides a framework for cases where the defendant concedes liability and is already willing to settle. Thus, it is inoperable to raise recovery claims.[2] On […]
The new Italian class action
1. Introduction Discussions on class actions and collective redress mechanisms began in Italy in the early 90s, following the initial success of the US experience. However, the first model was introduced in the country only in 2010[1] Such collective procedure was based on an opt-in system and presented a limited scope of application, protecting exclusively […]
Class actions in the US: development and open questions
1. Introduction Despite historical records showing that the roots of this model date back to the Middle Ages in the UK, with some examples as far as in the 12th century[1], it is commonly accepted that the modern class action device was born in the US in 1966, with the amendment of Rule 23 of […]
Collective redress: a brief overview
1. Introduction Justice is a complex concept. According to Zygmunt Bauman, justice is an “incomplete project”, “incomplete in a radical sense, since it is the very essence of justice to be incomplete.” It is a special kind of “Sisyphusian project”, due to which “we must completely deconstruct the positive law in order to get closer […]
