Category Archives: Remedies and Procedure
Cheng-chi (Kirin) Chang, ‘Destination ADR: Chartering a New Course for Airline Passenger Disputes’
ABSTRACT Airline passenger rights in the United States lag behind protections in the European Union (EU), leaving consumers vulnerable. Since the 1978 Airline Deregulation Act (ADA), limited federal oversight and reliance on airline contracts have weakened recourse for passengers facing issues like disruptions, mishandled baggage, and unfair practices. The complex regulatory landscape and high costs […]
Lopez Rodriguez Ana Mercedes, ‘Class Action in the EU: Lessons From Mixed Jurisdictions’
ABSTRACT Class actions enable consumers to take collective action against wrongdoing by businesses, which individual consumers may not find affordable or worthwhile. One of the drivers of the success of class actions has been the availability of funding to litigants. Along with these benefits come risks of abuse of the legal process. This article discusses […]
Bueno and Ngueuleu Djeuga, ‘Civil liability in the EU Corporate Sustainability Due Diligence Directive: A “Brussels Effect” on International Investment Law?’
ABSTRACT How will international investment agreements look like now that the EU Corporate Sustainability Due Diligence Directive (csddd) has entered into force? The CSDDD requires companies to respect human rights and the environment in their global value chains. Besides its public enforcement mechanism, a central element of the csddd is its civil liability provision according […]
Zuzanna Nowicka, ‘SLAPP vs Mutual Trust: Protecting the Public Debate Through Public Policy Considerations’
ABSTRACT This Article argues that to protect public debate, which is vital for democratic societies, it is crucial for courts in EU Member States to apply the freedom of expression standards established by the European Court of Human Rights (ECtHR) when adjudicating cases, particularly in the context of Strategic Lawsuits Against Public Participation (SLAPPs). The […]
‘Arbitration Enforcement and Consent’
This Term, the Supreme Court will hear a case that could have profound ramifications for international arbitration: CC/Devas (Mauritius) Ltd v Antrix Corp Ltd. The petitioners are seeking to enforce an arbitration award they won against a state-owned company in India. The district court enforced the award, relying on the New York Convention and the […]
‘Revising Forum Non Conveniens Through § 1404?’
I have written more than anyone probably should about forum non conveniens (FNC), but much of it boils down to some commonsense updating of the Gulf Oil factors: acknowledge the effects of changing technology, particularly on travel; require defendants to be specific about their evidentiary burdens; don’t overweight choice-of-law difficulties or docket congestion; don’t second […]
Gary Myers, ‘A Comparative Analysis of Third-Party Litigation Funding in the United States and the United Kingdom’
ABSTRACT Third-Party Litigation Funding (TPLF), which is also known as litigation finance, involves a financial arrangement in which a third party provides funding to support the plaintiff’s pursuit of a civil lawsuit. The third party, in return, receives a portion of the proceeds if the litigation is successful. Like a contingent-fee agreement, this type funding […]
Samuel Goldberg, ‘Vicarious Liability for Equitable Wrongdoing’
ABSTRACT The concept of equitable vicarious liability will be unfamiliar to many Australian lawyers. Vicarious liability is of enduring significance in the law of tort but is rarely invoked in the context of equitable wrongdoing. Yet English courts are now comfortable applying vicarious liability to equitable wrongs, and recent dicta of the High Court of […]
Alexander Georgiou, ‘Making contract-breakers pay’
INTRODUCTION This paper explores a deceptively simple question: if one person contracts to pay another a sum of money upon the happening of a particular event, and the event occurs, under what circumstances will a court order the promisor to pay? The English lawyer’s traditional answer is: ‘It depends’. Specifically, the rules which determine whether […]
Waye, Chamberlain and Morabito, ‘How to address the regulation of third-party litigation funding of class actions?’
INTRODUCTION Class actions are controversial because they impose high transaction costs on class member remediation, and are often driven by overtly entrepreneurial lawyer and third-party litigation funder (TPLF) teams. There is a view that unless checked, these teams may advance interests that diverge from those of class members. Indeed, the potential for conflicts of interest […]