Civil Litigation In Comparative Context
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Comparative Civil Procedure
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Author : Margaret Y.K. Woo
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-03-12
Comparative Civil Procedure written by Margaret Y.K. Woo and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-03-12 with Law categories.
Bringing together an international array of legal scholars, this discerning Research Handbook provides a comparative analysis of civil procedure law. Chapters examine the rules that dictate how a civil dispute is initiated, processed, decided and enforced in a court of law, comparing each aspect of the procedure across continents including Asia, Europe and the Americas.
The Cambridge Companion To Comparative Law
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Author : Mauro Bussani
language : en
Publisher: Cambridge University Press
Release Date : 2012-08-16
The Cambridge Companion To Comparative Law written by Mauro Bussani and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-08-16 with Law categories.
We can only claim to understand another legal system when we know the context surrounding the positive law in which lawyers are trained. To avoid ethnocentricity and superficiality, we must go beyond judicial decisions, doctrinal writings and the black-letter law of codes and statutes and probe the 'deeper structures' where law meets cultural, political, socio-economic factors. It is only when we acquire such awareness and knowledge of the critical factors affecting both the backgrounds and implications of rules that it becomes possible to control the present and possibly future developments of the world's legal institutions. This collection of essays aims to provide the reader with a fundamental understanding of the dynamic relationship between the law and its cultural, political and socio-economic context.
Civil Litigation In A Globalising World
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Author : X.E. Kramer
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-02-02
Civil Litigation In A Globalising World written by X.E. Kramer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-02 with Law categories.
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
The Costs And Funding Of Civil Litigation
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Author : Christopher Hodges
language : en
Publisher: Bloomsbury Publishing
Release Date : 2010-11-17
The Costs And Funding Of Civil Litigation written by Christopher Hodges and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-11-17 with Law categories.
This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010 This title is included in Bloomsbury Professional's International Arbitration online service.
Civil Procedure In Eu Competition Cases Before The English And Dutch Courts
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Author : George Cumming
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Civil Procedure In Eu Competition Cases Before The English And Dutch Courts written by George Cumming and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
For decades it seemed clear that EC competition law was enforceable effectively at the national level, and ECJ case law has continued to bear this out. In recent years, however, the Commission has been proposing harmonization of national rules of procedure in competition cases, implying that procedural autonomy is insufficient on its own to produce an effective enforcement system in this area. As the authors of this book clearly demonstrate, this suggests a binary system governing the enforcement of EC Articles 81 and 82: namely, that led by the Commission through directives and eventual regulations, and that built on ECJ principles in areas not dealt with by such Community instruments. This book describes and analyzes not only the specific Commission recommendations, but also the manner and extent to which these recommendations are or may be implemented in civil procedure. In particular, the authors consider changes which may be required if these recommendations are incorporated into Dutch and English rules of civil procedure. Also addressed are elements of procedure not mentioned by the Commission but which might usefully be considered in the context of ECJ principles of effectiveness, equivalence and effective judicial protection of rights. At the heart of the study is a detailed analysis of the Commission White Paper on Damages Actions and the Commission Staff Working Paper, both issued early in 2009. The in-depth analysis ranges over procedural aspects of such elements as the following: andstanding; anddisclosure and access to evidence; andburden of proof; andfault/no fau andcosts of damages actions; andinjunctions; andcivil versus administrative enforcement; andlimitations; andleniency programmes; andcollective actions; andconfidentiality; and andforms of compensation. Anticipating as it does a looming impasse in European competition law, this remarkable book sheds defining light on the real implications of EC competition law for parties to damages actions, not only in the national systems studied but for all Member States. For practitioners and jurists it offers a particularly useful approach to the handling of cases involving European competition law, and also serves as a guide to current trends and as a clarification of doctrine.
From Common Rules To Best Practices In European Civil Procedure
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Author : Burkhard Hess
language : en
Publisher: Nomos Verlag
Release Date : 2017-12-08
From Common Rules To Best Practices In European Civil Procedure written by Burkhard Hess and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-08 with Law categories.
Zwanzig Jahre nach der Verabschiedung des Amsterdamer Vertrags über die justizielle Zusammenarbeit in Zivilsachen wurden vom europäischen Gesetzgeber zahlreiche Instrumente des EU-Zivilprozessrechts entwickelt, die heute in der nationalen Rechtsprechung fest verankert sind. Diese Instrumente haben einen grenzüberschreitenden Raum der Rechtssicherheit geschaffen, dem Bürgerinnen und Bürger sowie und Unternehmen vertrauen können. Das vorliegende Buch fragt nach den "best practices" gemeinsamer Regeln und Praktiken. Inspiriert von der Verschiebung des Schwerpunkts von der Schaffung neuer Rechtsvorschriften hin zu einer Konzentration auf die konkrete Umsetzung, bietet der Band einen Überblick über einen einheitlichen europäischen Rechtsraum und seinen Regeln.
The Dynamism Of Civil Procedure Global Trends And Developments
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Author : Colin B. Picker
language : en
Publisher: Springer
Release Date : 2015-11-11
The Dynamism Of Civil Procedure Global Trends And Developments written by Colin B. Picker and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-11 with Law categories.
This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.
Civil Litigation In Comparative Context
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Author : Oscar G. Chase
language : en
Publisher: West Academic Publishing
Release Date : 2007
Civil Litigation In Comparative Context written by Oscar G. Chase and has been published by West Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Actions and defenses categories.
Civil Litigation in Comparative Context opens with a treatment of the principal differences among the major civil litigation systems. Subsequent chapters cover: Organization of the courts and the legal profession Roles of the attorney and judge Processes of learning and proving facts Short cuts to judgment and provisional remedies Appellate process Enforcement of judgments Prospects for convergence and harmonization The book can be used as an adjunct to an introductory civil procedure course, the text for an upper-class seminar in comparative procedure, and a supplement to the existing general comparative law casebooks.
Consumer Financial Dispute Resolution In A Comparative Context
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Author : Shahla F. Ali
language : en
Publisher: Cambridge University Press
Release Date : 2013-03-14
Consumer Financial Dispute Resolution In A Comparative Context written by Shahla F. Ali and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Business & Economics categories.
Shahla F. Ali presents comparative empirical research about the design of consumer financial dispute resolution mechanisms in Asia, America and Europe.
Civil Case Management In The Twenty First Century Court Structures Still Matter
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Author : Peter C.H. Chan
language : en
Publisher: Springer Nature
Release Date : 2021-02-15
Civil Case Management In The Twenty First Century Court Structures Still Matter written by Peter C.H. Chan and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-15 with Law categories.
The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.