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Article

IBA Legal Practice Division Guidelines for Recognising and Enforcing Foreign Judgements for Collective Redress

Date

October 16, 2008

AUTHOR(s)

John P. Brown
Eric Gertner


The Guidelines, which were developed by an IBA Task Force chaired by John P. Brown, set out minimum internationally accepted standards relating to the rights of claimants that should be protected by a court when issuing a class action judgment. In developing the Guidelines, the Task Force sought to address the host of constitutional, public policy and sovereignty issues which a class action judgment from one jurisdiction can raise when enforcement of the judgment is sought in a second jurisdiction. The Guidelines are designed to assist a court in one jurisdiction in deciding whether a collective redress judgment from another jurisdiction can and should be enforced.

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