The Dynamism Of Civil Procedure Global Trends And Developments

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The Dynamism of Civil Procedure - Global Trends and Developments

Colin B. Picker,Guy Seidman
The Dynamism of Civil Procedure Global Trends and Developments Book PDF

Author : Colin B. Picker,Guy Seidman
Publisher : Springer
Page : 283 pages
File Size : 51,5 Mb
Release : 2015-11-11
Category : Law
ISBN : 9783319219813

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The Dynamism of Civil Procedure - Global Trends and Developments by Colin B. Picker,Guy Seidman Pdf

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 a Globalising World

X.E. Kramer,C.H. van Rhee
Civil Litigation in a Globalising World Book PDF

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 54,7 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789067048170

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Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

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.

Dispute Resolution in China

Weixia Gu
Dispute Resolution in China Book PDF

Author : Weixia Gu
Publisher : Routledge
Page : 276 pages
File Size : 55,6 Mb
Release : 2021-02-22
Category : Law
ISBN : 9781317584766

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Dispute Resolution in China by Weixia Gu Pdf

China's ever-expanding commercial influence has attracted global attention on how its civil and commercial disputes are resolved. This compelling new book, Dispute Resolution in China, offers a detailed examination of the elements in the Chinese legal system and the relevant reforms to the multiplicity of approaches to civil and commercial disputes in China today. This book reveals how civil litigation, commercial arbitration, mediation, and their hybrid dispute resolution have distinctly responded to, reformed, and developed in the context of China’s transformational economic growth, societal development, and international interaction in the last two decades. It situates these developments and continued experimentation within a unique hybrid of empirical, contextual, and comparative analytical framework, while paving productive pathways towards the future. This book argues that, rather than being a legal project, China’s civil and commercial dispute resolution system is essentially a social development project, which distinguishes the Chinese approach to civil justice reform from contemporary civil justice movements elsewhere. Among the primary methods of dispute resolution, commercial arbitration in China today uniquely transcending the traditional socio-political constraints, its reform has developed in favor of market-oriented considerations and shaped by China’s socio-economic dynamics and internationalization needs. By contrast, civil litigation and mediation being more instrumentalist in nature, their reform is socio-politically embedded and continues to prioritize social stability. This book also shines a fresh light on comparative assessments of top-down and bottom-up changes in China’s dispute resolution discourse, as well as on how China speaks to international dispute resolution systems. Original and rich in its analysis, this book will be essential reading and invaluable reference tool for scholars with a focus on Chinese law, comparative and international dispute resolution, and on broader legal, institutional, economic, social, political and cultural dimensions of dispute resolution development.

Transformation of Civil Justice

Alan Uzelac,Cornelis Hendrik (Remco) van Rhee
Transformation of Civil Justice Book PDF

Author : Alan Uzelac,Cornelis Hendrik (Remco) van Rhee
Publisher : Springer
Page : 420 pages
File Size : 45,5 Mb
Release : 2018-09-03
Category : Law
ISBN : 9783319973586

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Transformation of Civil Justice by Alan Uzelac,Cornelis Hendrik (Remco) van Rhee Pdf

National civil justice systems are deeply rooted in national legal cultures and traditions. However, in the past few decades they have been increasingly influenced by integration processes at the regional, supra-national and international level. As a by-product of the emergence of economic and political unions and globalisation processes there is pressure to harmonise or even unify the way in which national civil justice systems operate. In an attempt to create a ‘genuine area of justice’, new unified procedures are being developed, which operate in parallel with national civil procedures, and sometimes even strive to replace them. As a reaction to the forces that endeavour to harmonise and unify procedural laws and practices, an opposing trend is gaining momentum: one that insists on diversity and pluralism of national civil procedures. This book focuses on the evolution of procedural reforms in various jurisdictions and the ongoing transformation of national civil justice systems.

Justice and Efficiency in Mega-Litigation

Anna Olijnyk
Justice and Efficiency in Mega Litigation Book PDF

Author : Anna Olijnyk
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 47,7 Mb
Release : 2019-06-13
Category : Law
ISBN : 9781509910915

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Justice and Efficiency in Mega-Litigation by Anna Olijnyk Pdf

Justice and Efficiency in Mega-Litigation explores the phenomenon of extremely long-running, resource-intensive civil litigation known as 'mega-litigation'. Such litigation challenges the courts to reconcile the objectives of justice and efficiency – for the parties to the case and for the community. Drawing on interviews with judges of the courts of England and Wales, and of Australia, this book shows how judges have responded to these challenges. It situates mega-litigation within broader developments in civil procedure and case management, as well as theoretical debates about the role of courts and the purpose of civil procedure. The book highlights the importance of intensive, creative and flexible case management; focus on the issues in dispute; and, ultimately, each judge's expert intuition.

Delivering Justice

Xandra Kramer,Stefaan Voet,Lorenz Ködderitzsch,Magdalena Tulibacka,Burkhard Hess
Delivering Justice Book PDF

Author : Xandra Kramer,Stefaan Voet,Lorenz Ködderitzsch,Magdalena Tulibacka,Burkhard Hess
Publisher : Bloomsbury Publishing
Page : 341 pages
File Size : 44,6 Mb
Release : 2022-10-20
Category : Law
ISBN : 9781509961559

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Delivering Justice by Xandra Kramer,Stefaan Voet,Lorenz Ködderitzsch,Magdalena Tulibacka,Burkhard Hess Pdf

In this Liber Amicorum, leading experts and old-time friends from around the world come together to pay tribute to Christopher Hodges' multifaceted career and work by exploring what can be done to deliver justice and fairness, focusing on collective redress, consumer dispute resolution, court system reform, ethical business regulation and regulatory delivery. After a decade-long career as a solicitor, Christopher Hodges became Professor of Justice Systems at the Centre for Socio-Legal Studies at the University of Oxford. Throughout his academic career he worked on a variety of topics dealing with access to justice and dispute resolution: from product liability, procedural/funding systems and collective redress, to alternative dispute resolution and ethical business regulation. In 2021 Christopher Hodges was awarded an OBE for services to business and law. His ground-breaking research not only inspired students and colleagues, but also influenced policymakers worldwide. Delivering justice, and “making things better”, runs like a thread through his work; the same thread connects the chapters in this book.

Corporate Governance and Statutory Derivative Actions

Lang Thai
Corporate Governance and Statutory Derivative Actions Book PDF

Author : Lang Thai
Publisher : Taylor & Francis
Page : 240 pages
File Size : 45,7 Mb
Release : 2023-09-22
Category : Law
ISBN : 9781000958553

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Corporate Governance and Statutory Derivative Actions by Lang Thai Pdf

This book is the first comprehensive study of the statutory derivative action in Australia, using the Australian model as a reference point and comparing it with the UK, Canada, Singapore, New Zealand, Hong Kong and USA counterparts. The book includes an empirical study covering over a twenty-year period from the date the statutory framework came into operation, coupled with extensive case law analysis and comparisons with other jurisdictions. It informs the world about the uniqueness of Australia’s statutory derivative action, and what other countries can learn from it as shareholder protection and promotion of good corporate governance. While some countries have statutory derivative action, there are still countries that do not have the statutory framework that are considering introducing it into their corporate law. This book provides insights and suggestions for lawmakers, litigation practitioners and researchers worldwide in reforming their existing model.

The Notion of Award in International Commercial Arbitration

Giacomo Marchisio
The Notion of Award in International Commercial Arbitration Book PDF

Author : Giacomo Marchisio
Publisher : Kluwer Law International B.V.
Page : 242 pages
File Size : 46,5 Mb
Release : 2016-04-24
Category : Law
ISBN : 9789041183927

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The Notion of Award in International Commercial Arbitration by Giacomo Marchisio Pdf

International commercial arbitration relies extensively on the possibility of enforcing arbitral decisions against recalcitrant parties. Because courts and arbitration laws across the world take contrasting approaches to the definition of awards, such enforcement can be problematic, especially in the context of awards by consent, and the recent development known as ‘emergency arbitration’. In this timely and ground-breaking book, a young arbitration scholar takes us through the difficulties of defining the notion of arbitral award with a rare combination of theoretical awareness and attention to the procedural requirements of arbitral practice. In a framework using a comparative analysis of common law and civil law jurisdictions (specifically, England and France) and how each has regulated in different ways the equilibria between state justice and arbitral justice – and comparing each with the UNCITRAL Model Law – the book addresses such issues as the following: - the ‘judicialization’ of arbitration; - different models of arbitral adjudication and their impact on the notion of award; - what an award needs to contain to be enforceable; - awards on competence; - awards by consent; and - awards ante causam. The author employs a methodology that views arbitration as providing an institution for administering justice rather than as a purely contractual creature. To this end, rules of arbitral institutions (particularly the International Chamber of Commerce) are examined closely for their implications on what an award means. As a fresh look at the arbitral award by placing it in a broader context than is usually found, this book allows for a greater understanding of the functioning of international commercial arbitration. It is sure to become an international reference, and as such will be welcomed by arbitrators, practitioners at global law firms, companies doing transnational business, interested academics, and international arbitration centres in emerging markets.

Assessing Intellectual Property Compliance in Contemporary China

Kristie Thomas
Assessing Intellectual Property Compliance in Contemporary China Book PDF

Author : Kristie Thomas
Publisher : Springer
Page : 204 pages
File Size : 46,8 Mb
Release : 2017-02-14
Category : Law
ISBN : 9789811030727

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Assessing Intellectual Property Compliance in Contemporary China by Kristie Thomas Pdf

Since its accession to the World Trade Organisation (WTO) in December 2001, China has been committed to full compliance with the Trade-Related Intellectual Property Rights (TRIPS) Agreement. This text considers the development of intellectual property in China, and offers an interdisciplinary analysis of China’s compliance with the TRIPS Agreement using theories originating in international relations and law. It notes that despite significant efforts to amend China’s substantive IP laws to prepare for WTO accession and sweeping changes to domestic legislation, a significant gap existed between the laws on paper and as enforced in practice, and that infringements to the agreement are still prevalent. The book examines how compliance with international rules can be promoted and encouraged in a specific jurisdiction. Making a case for a wider, more interdisciplinary and global outlook, it contends that compliance needs to align with the national interests of relevant countries and jurisdictions, as governments’ economic interests support the greater enforcement of the IP laws.

Diversity of Enforcement Titles in the EU

Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Diversity of Enforcement Titles in the EU Book PDF

Author : Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc
Publisher : Springer Nature
Page : 401 pages
File Size : 46,9 Mb
Release : 2023-12-30
Category : Law
ISBN : 9783031471087

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Diversity of Enforcement Titles in the EU by Vesna Rijavec,Wendy Kennett,Tomaž Keresteš,Tjaša Ivanc Pdf

This book examines the diversity of enforcement titles in cross-border debt collection, focusing on the types, structure, contents and effects of enforcement titles. It offers a comprehensive overview of judgments, court settlements and authentic instruments from a variety of EU Member States. It primarily employs the comparative legal method to draw conclusions on commonalities and differences, as well as prospects for future approximation of laws. The premise of the research is rooted in the finding that national authorities of EU Member States continue to treat enforcement titles from other Member States with reservations and mistrust despite being committed to the principle of mutual trust. The book identifies the issues of mistrust stemming from the diversity of enforcement titles. The research is based on a rich database of national reports compiled during the course of several large-scale EU Justice Projects. Divided into five parts, the book offers first some general considerations and presents attempts at a systemisation of enforcement titles. The following parts are then devoted to more specialised approaches toward the different types of enforcement titles. However, the connecting line between all parts of the book are the considerations of cross-border enforcement in the EU (and in a limited manner with third States). Herein, research also addresses critical factors regarding the free movement of judgments in the EU, including those of lis pendens and related actions. This book provides a valuable contribution to the Theory of European Civil Procedure. Since it is based on a comparative approach and employs both empirical and doctrinal viewpoints, it should also greatly benefit practitioners involved in cross-border dispute resolution. Overall, the findings should be of interest to a broad audience, including policymakers, judges, practitioners and scholars.

An Empire of Laws

Christian R Burset
An Empire of Laws Book PDF

Author : Christian R Burset
Publisher : Yale University Press
Page : 364 pages
File Size : 47,8 Mb
Release : 2023-09-26
Category : History
ISBN : 9780300274448

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An Empire of Laws by Christian R Burset Pdf

A compelling reexamination of how Britain used law to shape its empire For many years, Britain tried to impose its own laws on the peoples it conquered, and English common law usually followed the Union Jack. But the common law became less common after Britain emerged from the Seven Years’ War (1754–63) as the world’s most powerful empire. At that point, imperial policymakers adopted a strategy of legal pluralism: some colonies remained under English law, while others, including parts of India and former French territories in North America, retained much of their previous legal regimes. As legal historian Christian R. Burset argues, determining how much English law a colony received depended on what kind of colony Britain wanted to create. Policymakers thought English law could turn any territory into an anglicized, commercial colony; legal pluralism, in contrast, would ensure a colony’s economic and political subordination. Britain’s turn to legal pluralism thus reflected the victory of a new vision of empire—authoritarian, extractive, and tolerant—over more assimilationist and egalitarian alternatives. Among other implications, this helps explain American colonists’ reverence for the common law: it expressed and preserved their equal status in the empire. This book, the first empire-wide overview of law as an instrument of policy in the eighteenth-century British Empire, offers an imaginative rethinking of the relationship between tolerance and empire.

Derivative Actions and Corporate Governance in China

Jingchen Zhao
Derivative Actions and Corporate Governance in China Book PDF

Author : Jingchen Zhao
Publisher : Edward Elgar Publishing
Page : 293 pages
File Size : 48,8 Mb
Release : 2022-12-06
Category : Law
ISBN : 9781784719111

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Derivative Actions and Corporate Governance in China by Jingchen Zhao Pdf

This book examines corporate governance rules in China, and highlights the deficiencies in current company law, with the purpose of arguing for a more effective derivative action mechanism, for the benefit of shareholders and their companies.

Artificial Intelligence and the Legal Profession

Michael Legg,Felicity Bell
Artificial Intelligence and the Legal Profession Book PDF

Author : Michael Legg,Felicity Bell
Publisher : Bloomsbury Publishing
Page : 407 pages
File Size : 47,5 Mb
Release : 2020-11-26
Category : Law
ISBN : 9781509931828

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Artificial Intelligence and the Legal Profession by Michael Legg,Felicity Bell Pdf

How are new technologies changing the practice of law? With examples and explanations drawn from the UK, US, Canada, Australia and other common law countries, as well as from China and Europe, this book considers the opportunities and implications for lawyers as artificial intelligence systems become commonplace in legal service delivery. It examines what lawyers do in the practice of law and where AI will impact this work. It also explains the important continuing role of the lawyer in an AI world. This book is divided into three parts: Part A provides an accessible explanation of AI, including diagrams, and contrasts this with the role and work of lawyers. Part B focuses on six different aspects of legal work (litigation, transactional, dispute resolution, regulation and compliance, criminal law and legal advice and strategy) where AI is making a considerable impact and looks at how this is occurring. Part C discusses how lawyers and law firms can best utilise the promise of AI, while also acknowledging its limitations. It also discusses ethical and regulatory issues, including the lawyer's role in upholding the rule of law.

Comparative Law

Mathias Siems
Comparative Law Book PDF

Author : Mathias Siems
Publisher : Cambridge University Press
Page : 591 pages
File Size : 41,6 Mb
Release : 2022-03-24
Category : Law
ISBN : 9781108840859

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Comparative Law by Mathias Siems Pdf

Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.