Part II Private International Law and Collective Redress, 11 Conflicts of Laws in Multinational Collective Actions—A Judicial Nightmare? »
Astrid StadlerFrom: Extraterritoriality and Collective Redress
Edited By: Duncan Fairgrieve, Eva Lein
11.01 Choice of law issues are not very popular with judges and lawyers, particularly when they result in the application of foreign law. All the more must the vision of a mass litigation with claimants from all over Europe and numerous substantive laws to be applied appear as a judicial nightmare. How realistic is such a scenario and how complicated can aggregate litigations become owing to the different laws being applicable? The bad news is that the scenario is definitely realistic.1 However, proceedings need not necessarily get out of hand, provided that...