Clyde & Co Westlink JLV team has recently contributed to the China chapter of Legal 500’s Country Comparative Guides on Class Actions.
The team has responded to some of the commonly addressed questions in relation to class actions in China including:
- Do you have a class action or collective redress mechanism? If so, please describe the mechanism.
- Who may bring class action or collective redress proceeding? (e.g. qualified entities, consumers etc)
- Which courts deal with class actions or collective redress proceedings?
- What types of conduct and causes of action can be relied upon as the basis for a class action or collective redress mechanism?
- Are there any limitations of types of claims that may be brought on a collective basis?
- How frequently are class actions brought?
- What are the top three emerging business risks that are the focus of class action or collective redress litigation?
- Is your jurisdiction an “opt in” or “opt out” jurisdiction?
- What is required (i.e. procedural formalities) in order to start a class action or collective redress claim?
- What remedies are available to claimants in class action or collective redress proceedings?
- Are punitive or exemplary damages available for class actions or collective redress proceedings?
- Are class actions or collective redress proceedings subject to juries? If so, what is the role of juries?
- What is the measure of damages for class actions or collective redress proceedings?
- Are there any jurisdictional obstacles to class actions or collective redress proceedings?
- Are there any limits on the nationality or domicile of claimants in class actions or collective redress proceedings?
- Do any international laws (e.g. EU Representative Actions Directive) impact the conduct of class actions or collective redress proceedings? If so, how?
- Is there any mechanism for the collective settlement of class actions or collective redress proceedings?
- Is there any judicial oversight for settlements of class actions or collective redress mechanisms?
- How do class actions or collective redress proceedings typically interact with regulatory enforcement findings? e.g. competition or financial regulators?
- Are class actions or collective redress proceedings being brought for ‘ESG’ matters? If so, how are those claims being framed?
- Is litigation funding for class actions or collective redress proceedings permitted?
- Are contingency fee arrangements permissible for the funding of class actions or collective redress proceedings?
- Can a court make an ‘adverse costs’ order against the unsuccessful party in class actions or collective redress proceedings?
- Are there any proposals for the reform of class actions or collective redress proceedings? If so, what are those proposals?
Click here for the full chapter, or contact one of the authors below for any other questions.
Note: Reproduced from The Legal 500: Class Actions Comparative Guide with the permission of the publishers.