First International Conference

🧭 Context and Purpose

This volume compiles the proceedings of the I International Conference on Class Actions held in Buenos Aires, Argentina, in 2012. The conference brought together legal scholars and practitioners from various jurisdictions to discuss and compare the mechanisms of class actions in different legal systems, focusing on their effectiveness, challenges, and the cultural contexts influencing their application. The central theme explored the convergence and divergence between civil law and common law traditions concerning collective legal actions.

🏛 Structure and Content Overview

Preface

The volume begins with a preface by Eduardo D. Oteiza, outlining the objectives of the conference and the significance of cross-jurisdictional dialogue in the field of class actions.

Part I – Comparative Perspectives on Class Actions

This section features contributions from prominent legal scholars, providing comparative analyses of class action mechanisms in various jurisdictions:

• Michele Taruffo (Italy): Discusses the collective protection of rights from a civil law perspective.
• Samuel Issacharoff (USA): Explores fairness in aggregation within class actions.
• Ada Pellegrini Grinover (Brazil): Examines class actions in the context of civil law traditions.

Part II – The Role of Judges and Lawyers in Collective Actions

This section delves into the roles of legal professionals in class actions:

• Rolf Stürner (Germany): Analyzes the roles of judges and lawyers in collective actions, focusing on equality among parties and conflicts of interest.
• Enrique M. Falcón (Argentina): Discusses the same themes within the Argentine context.CORE+7civilprocedurereview.faculdadebaianadedireito.com.br+7observatoireactionsdegroupe.com+7observatoireactionsdegroupe.com

Part III – Standing and Adequacy of Representation

Contributions in this section address the requirements for initiating class actions:

• Rachael Mulheron (UK): Reports on aspects of collective actions in England and Wales.
• José Ovalle Favela (Mexico): Discusses standing and adequacy of representation in class actions.LCO-CDOAcademia+2ResearchGate+2

Part IV – Evidence and Provisional Measures in Complex Litigation

This section examines procedural aspects of class actions:

• Catherine Piché (Canada): Discusses evidence and provisional measures in complex litigation and class actions.
• Kazuo Watanabe (Brazil): Explores similar themes within the Brazilian legal framework.

Part V – Settlement, Res Judicata, and Enforcement

Contributions here focus on the resolution and enforcement of class actions:

• Santiago Pereira Campos (Uruguay): Discusses requirements for approving settlements, res judicata, and enforcement in class actions.
• Teresa Armenta Deu (Spain): Examines these aspects within the Spanish legal system.civilprocedurereview.faculdadebaianadedireito.com.br+5observatoireactionsdegroupe.com+5Academia+5

Part VI – The Costs Problem: Adequate Attorneys’ Fees

This section addresses the financial aspects of class actions:

• Yukiko Hasebe (Japan): Discusses the issue of adequate attorneys’ fees in the context of class actions.
• Ramiro Bejarano Guzmán (Colombia): Explores similar concerns within the Colombian legal framework.

Part VII – Class Actions in Argentina: Developments and Reform Proposals

This section focuses on the Argentine experience with class actions:

• Andrea A. Meroi (Argentina): Discusses legislative developments and reform proposals regarding class actions in Argentina.
• Claudia Sbdar (Argentina): Examines class actions within Argentine law.
• Roland Arazi (Argentina): Discusses developments and reform proposals in Argentine class actions.
• Ángela Ester Ledesma (Argentina): Explores class actions in criminal procedure.
• Roberto Omar Berizonce (Argentina): Discusses collective conflicts of public interest in Argentina.Academia+2civilprocedurereview.com+2

Part VIII – National Reports

This section presents national reports on class actions from various countries:

• Maite Aguirrezabal Grünstein & José Pedro Silva Prado (Chile): Discuss the protection of supra-individual interests in Chile.
• Other contributors: Provide insights into class action mechanisms in their respective jurisdictions.Class Actions en Argentina

🧠 Key Themes and Concepts

• Comparative Analysis: Examines class action mechanisms across different legal systems, highlighting similarities and differences.
• Civil Law vs. Common Law: Explores how class actions are conceptualized and implemented in civil law and common law traditions.
• Judicial Roles: Discusses the responsibilities of judges and lawyers in managing class actions.
• Standing and Representation: Addresses the requirements for initiating class actions, including standing and adequacy of representation.
• Procedural Aspects: Explores issues related to evidence, provisional measures, settlement, res judicata, and enforcement in class actions.
• Financial Considerations: Discusses the problem of attorneys’ fees and the financial viability of class actions.
• Argentine Context: Focuses on the development and reform of class actions within Argentina.

🌍 Geographic and Jurisdictional Focus

• Argentina: Detailed examination of class actions within the Argentine legal system.
• Brazil: Analysis of class actions in the Brazilian context.
• Canada: Discussion of class action mechanisms in Canada.
• Chile: Insights into class actions in Chile.
• Colombia: Exploration of class actions within the Colombian legal framework.
• Germany: Examination of class actions in Germany.
• Japan: Analysis of class action mechanisms in Japan.
• Mexico: Discussion of class actions in Mexico.
• Spain: Insights into class actions within the Spanish legal system.
• United Kingdom: Examination of class actions in the UK context.
• United States: Analysis of class action mechanisms in the USA.