Report Procedural Fund for Collective Actions
News
NCC webinar contract clauses
Xandra Kramer was speaker at a webinar organised by the Netherlands Commercial Court (NCC) on 13 November 2024. The theme of the webinar was “Jurisdiction clauses: how to escape from the jungle of infinite possibilities?”. Lawyers from all over the world attended the webinar. Other speakers were Professor Krzeminski, Judge Bom (President NCC District Court) Judge Oranje (President NCC Court of Appeal), Mr Visser (NCC Registrar and chat-moderator) and Ms Borrius (Partner at Florent law firm, moderator webinar).
See for further information the website of the NCC.
Published: September 14, 2023
On request of the Ministry of Justice, Xandra kramer conducted a study on a procedural fund for collective actions, together with Jos Hoevenaars (Council for the Judiciary/Erasmus University Rotterdam), and Ianika Tzankova and Karlijn van Doorn (Tilburg University).
We carried out research to map developments in collective actions, did quantitative research on WAMCA cases and qualitative research on the funding of collective actions, including on developments in the market and regulation of third party litigation funding in the Netherlands and several other countries. Noteworthy is that all claims for damages so far rely on third party funding. The key question we looked into is to what extent a revolving litigation fund could provide a solution to bottlenecks in the funding of collective actions and how such a procedural fund could be designed. Considering the relatively small number of cases for damages that have been brought under the WAMCA so far and uncertainties in legal practice and regulation, coupled with the complexities to set up such a fund, we conclude that the introduction of a revolving litigation fund seems premature. We make a number of suggestions for further research. The report is available here.
We are preparing an English version of the report to be published by Eleven International Publishing - coming soon!