Publication type: Article in scientific journal
Type of review: Editorial review
Title: Access to justice for investors in the wake of the financial crisis : test cases as a panacea?
Authors: Contratto, Franca
Published in: Swiss Review of Business and Financial Market Law
Volume(Issue): 2009
Issue: 3
Pages: 176
Pages to: 190
Issue Date: 2009
Publisher / Ed. Institution: Schulthess
ISSN: 1018-7987
Language: English
Subject (DDC): 343: Property, finance, tax and commercial law (CH)
Abstract: While a number of European jurisdictions recently chose to introduce procedural mechanisms akin to U.S. securities class actions, a proper device for large-scale securities litigation under Swiss law does not yet exist. Given the substantial losses sustained in the course of the current financial crisis, this paper discusses the question whether there is a need to improve investors’ access to justice in Switzerland. In its analysis of various innovative approaches taken by lawmakers in other European civil law jurisdictions, the paper puts special emphasis on the 2005 German Capital Markets Test Case Act (KapMuG).
Fulltext version: Published version
License (according to publishing contract): Licence according to publishing contract
Departement: School of Management and Law
Appears in Collections:Publikationen School of Management and Law

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