What is a class action in international litigation?
A class action in international litigation is a lawsuit initiated by one or more people on behalf of a larger group. Class actions are common for litigants that have similar claims against a common defendant. In the international context, class actions enable litigants to pursue a single lawsuit for conduct that may have affected multiple nations or multiple victims. The class action begins with a representative plaintiff (or class representative) filing a complaint that outlines the circumstances of the dispute and the alleged injury. The defendant then has a chance to respond and the court must decide whether to certify the class. Once the class is certified, all of the members of the class become parties to the lawsuit. Not all nations allow class actions, so the rules and regulations of the nation where the lawsuit is filed must be consulted to confirm the ability to pursue a class action. Additionally, international class actions require particular attention to the legal doctrine of forum non conveniens. This doctrine allows a court to dismiss a case if it is deemed more appropriate for another court to hear it. Thus, even if a country allows a class action, a court may not be a viable option if the case is more appropriate in a different jurisdiction. International class actions can be an effective way to pursue litigation; however, pursuing class action in the international context requires particular attention to the laws of multiple nations and an understanding of how they interact.
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