On some issues of cross-border class actions

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.