Electronic Evidence In Civil And Commercial Dispute Resolution
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Electronic Evidence In Civil And Commercial Dispute Resolution
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Author : Quynh Anh Tran
language : en
Publisher:
Release Date : 2022
Electronic Evidence In Civil And Commercial Dispute Resolution written by Quynh Anh Tran and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal proceedings with the use of modern technology in all areas of criminal and civil procedures. This book focuses on the current provisions of UNCITRAL, the European Union, Germany and Vietnam concerning electronic evidence in civil and commercial dispute resolution. It analyses the notion and the basic aspects of evidence and electronic evidence and explores the process of finding electronic evidence. Further, it discusses how the effectiveness of finding electronic evidence can be reconciled with a respect for fundamental rights, in particular with personal privacy and personal data protection. The book subsequently addresses the authentication and admissibility of electronic evidence; the evaluation of electronic evidence and the burden of proof; and the challenges of using electronic evidence in civil and commercial dispute resolution. Finally, it puts forward proposals for promoting the use of electronic evidence in these contexts. As the book focuses on the current texts of UNCITRAL and the civil procedure legislation of the European Union, Germany and Vietnam, it relies on a comparative method which deals with the most significant provisions of the above legislation.
Dimensions Of Evidence In European Civil Procedure
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Author : Vesna Rijavec
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2015-12-29
Dimensions Of Evidence In European Civil Procedure written by Vesna Rijavec 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 2015-12-29 with Law categories.
Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.
Electronic Evidence
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Author : Stephen Mason
language : en
Publisher:
Release Date : 2010
Electronic Evidence written by Stephen Mason and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Electronic discovery (Law) categories.
Electronic evidence is now recognised as the main source of evidence worldwide. It affects every aspect of law, criminal and civil, and with the internet, is even more important for all lawyers to understand and apply to daily practice.Electronic Evidence Second edition provides you with essential guidance on how to understand electronic evidence and how to use this successfully in litigation and other means of dispute resolution.This title brings together all the issues relating to disclosure, procedure and admissibility of electronic evidence as well as comprehensive coverage of jurisdictions including Australia, Canada, the UK, Hong Kong, India, New Zealand, Singapore, South Africa and the USA.Key benefits:* Currently the only text available on this subject * Enables you to advise on electronic evidence confidently * Covers the complexities and types of electronic evidence in one source, and also makes suggestions for further reading on more technical issues, to save you time * Ensures compliance with procedures and duties to the court for the disclosure of electronic evidence * Includes coverage of key foreign jurisdictions and a glossary to ease understanding New to this edition:* Chapter on the practical management of digital evidence * Chapter on presumptions and digital evidence considering some false assumptions about digital evidence that have a direct bearing on the legitimacy of some findings * Fully updated material on the jurisdictions covered, including case law and legislation
Commercial Dispute Resolution 2020
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Author : Mike Waring
language : en
Publisher: College of Law Publishing
Release Date : 2020-02-01
Commercial Dispute Resolution 2020 written by Mike Waring and has been published by College of Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-01 with Law categories.
Commercial Dispute Resolution provides a thorough, up-to-date and practical examination of how litigation is conducted between commercial enterprises under the Civil Procedure Rules. The text also provides practical guidance on conducting commercial litigation involving a foreign element and explores the increasingly popular use of ADR.
Commercial Dispute Resolution 2018
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Author : Mike Waring
language : en
Publisher: College of Law Publishing
Release Date : 2018-01-22
Commercial Dispute Resolution 2018 written by Mike Waring and has been published by College of Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-22 with Law categories.
Commercial Dispute Resolution provides a thorough, up-to-date and practical examination of how litigation is conducted between commercial enterprises under the Civil Procedure Rules. The text also provides practical guidance on conducting commercial litigation involving a foreign element and explores the increasingly popular use of ADR.
International Electronic Evidence
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Author : Stephen Mason
language : en
Publisher: British Institute for International & Comparative Law
Release Date : 2008
International Electronic Evidence written by Stephen Mason and has been published by British Institute for International & Comparative Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Computer files categories.
An increasing number of civil and criminal proceedings involve the use of digital evidence across jurisdictional boundaries. Digital evidence now affects every aspect of law, including contract, employment, family, crime, intellectual property, and land law. In effect, no area of law is excluded, and digital evidence has become of greater importance now that the Internet has become ubiquitous. It is increasingly apparent that criminals and terrorists target the electronic environment in order to steal, to carry out extortion, and to abuse children across jurisdictions. Additionally, both public and commercial organizations now rely on the digital environment to such an extent that it has become critical to business and, perhaps, the survival of the state. International Electronic Evidence provides an outline of the substantive law of evidence, admissibility, disclosure, and procedural requirements in respect of digital evidence for the jurisdictions covered, which include: Argentina, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malta, Mexico, Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Thailand, and Turkey.
Commercial Dispute Resolution 2021
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Author : Waring
language : en
Publisher: College of Law Publishing
Release Date : 2021-01-18
Commercial Dispute Resolution 2021 written by Waring and has been published by College of Law Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-18 with Law categories.
Commercial Dispute Resolution provides a thorough, up-to-date and practical examination of how litigation is conducted between commercial enterprises under the Civil Procedure Rules. The text also provides practical guidance on conducting commercial litigation involving a foreign element and explores the increasingly popular use of ADR.
Electronic Evidence In Civil And Commercial Dispute Resolution
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Author : Quynh Anh Tran
language : en
Publisher: Springer Nature
Release Date : 2022-12-07
Electronic Evidence In Civil And Commercial Dispute Resolution written by Quynh Anh Tran and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-07 with Law categories.
This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal proceedings with the use of modern technology in all areas of criminal and civil procedures. This book focuses on the current provisions of UNCITRAL, the European Union, Germany and Vietnam concerning electronic evidence in civil and commercial dispute resolution. It analyses the notion and the basic aspects of evidence and electronic evidence and explores the process of finding electronic evidence. Further, it discusses how the effectiveness of finding electronic evidence can be reconciled with a respect for fundamental rights, in particular with personal privacy and personal data protection. The book subsequently addresses the authentication and admissibility of electronic evidence; the evaluation of electronic evidence and the burden of proof; and the challenges of using electronic evidence in civil and commercial dispute resolution. Finally, it puts forward proposals for promoting the use of electronic evidence in these contexts. As the book focuses on the current texts of UNCITRAL and the civil procedure legislation of the European Union, Germany and Vietnam, it relies on a comparative method which deals with the most significant provisions of the above legislation.
Electronic Evidence Second Edition Hardcopy And Ebook Set
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Author : Stephen Mason
language : en
Publisher:
Release Date : 2010-06-30
Electronic Evidence Second Edition Hardcopy And Ebook Set written by Stephen Mason and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-06-30 with categories.
This set contains both the hardcopy and eBook versions at one special price. Electronic evidence is now recognised as the main source of evidence worldwide. It affects every aspect of law, criminal and civil, and with the internet, is even more important for all lawyers to understand and apply to daily practice. Electronic Evidence Second edition provides you with essential guidance on how to understand electronic evidence and how to use this successfully in litigation and other means of dispute resolution. This title brings together all the issues relating to disclosure, procedure and admissibility of electronic evidence as well as comprehensive coverage of jurisdictions including Australia, Canada, the UK, Hong Kong, India, New Zealand, Singapore, South Africa and the USA.
Dispute Resolution In The People S Republic Of China
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Author : Zhiqiong June Wang
language : en
Publisher: BRILL
Release Date : 2019-12-02
Dispute Resolution In The People S Republic Of China written by Zhiqiong June Wang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-02 with Law categories.
This book provides a comprehensive and contextual analysis of the various methods of civil dispute resolution in the PRC. The approach to analysis is historical, comparative and socio-legal.