image.jpgDr.​​Mateja Durovic​​​ ,

Assistant Professor at School of Law, City University of Hong Kong​​​​​

Class action in the East and South-East Asia

Class action is a powerful instrument for protection of a widest set of consumer rights. There is a tendency, particularly present in the last two decades, of introduction of diverse forms of class actions in a number of countries throughout the World. This Paper focuses on the examination of class action models accepted or being discussed in the jurisdictions covering countries/territories of the East and South-East Asia. On the basis of their approaches towards class action, the jurisdictions of this part of the globe may be classified in three main categories. The first category includes those countries/territories that have already a relatively longer tradition of class action (e.g. Indonesia, Taiwan), where a class action has been recognised for a period of time and where its effects in practice may be observed. The second category encompasses those jurisdictions where the class action represents a rather innovative phenomenon, being introduced only recently into their legal systems (e.g. China, Japan, Thailand), where the effects of class action model in practice are still not very clear as a consequence of its novel character. Eventually, the third category covers those jurisdictions which do not recognize a class action as a tool for protection of consumer rights, but where still, typically, the introduction of class action is being discussed and some forms of proposals have been issued (e.g. Hong Kong SAR, Singapore). This Paper provides an examination of the approaches and legal frameworks for class action in these three groups of countries. The purpose is to get a full and clear overview of the situation regarding class action in the East and South-East Asia.​