IBA Annual Conference Sydney 2017

8 Oct - 13 Oct 2017

Room C3.6, Convention Centre, Level 3

Session information

Where in the world should we start? Defective products and collective redress in an age of global supply chains

Tuesday 10 October (1115 - 1230)

Room C3.6, Convention Centre, Level 3


Class Actions Committee (Lead)
International Commerce and Distribution Committee
Litigation Committee
Product Law and Advertising Committee


Class actions and other collective redress procedures now exist around the world, but the differences and variety are important, particularly between the US and EU models. When product recalls occur or allegations of defect are made, consumers may clamour for compensation in many jurisdictions at once. Our panellists will debate the best approaches for both manufacturers and consumers caught in such situations, asking how the differences between jurisdictions can affect strategy. Where is a consumer most likely to be compensated fully and quickly? Where is a manufacturer most likely to be treated fairly? Where will the courts provide the greatest access to consumer claims for compensation? Will they permit extraterritorial claims? Whose claims will be included and what kinds of claims can be included? Will the court screen out frivolous claims or encourage early settlement? Is discovery available where necessary? Do cost and fee rules determine strategy? In light of these considerable differences among jurisdictions, how should the parties move towards resolution?

Session / Workshop Chair(s)

John Doherty Penningtons Manches Cooper LLP, London, England; Senior Vice Chair, Product Law and Advertising Committee
Christopher Richter Torys LLP, Montréal, Québec, Canada; Secretary-Treasurer, Class Actions Committee


Aoi Inoue Anderson Mori & Tomotsune, Tokyo, Japan
Norman Letalik Volkswagen Canada (retired), Toronto, Ontario, Canada
Daan Lunsingh Scheurleer Clifford Chance LLP, Amsterdam, Netherlands; Communications Officer, Litigation Committee