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Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China) (eBook)

Vivek Jain, Thomas Macey-Dare, Shengnan Jia

ISBN13: 9781000579710

Published: January 2024

Publisher: Informa Law from Routledge

Country of Publication: UK

Format: eBook (ePub)

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9781032257884

£110.00

Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures.

The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces.

This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.

Subjects:: Commercial Law, eBooks

Contents:: Part 1 - Introduction to the concepts in Book and Legal System and Procedural Law of England & Wales and China; Chapter 1: Introduction to Interim Measures in England & Wales and China; INTRODUCTION TO INTERIM MEASURES; Role of Interim Measures within a Civil Procedural System; Interim Measures in England & Wales; Interim Measures in China; Different Terminologies used for Interim Measures; Interim Measures and Cause of Action; Delays in Civil/Commercial Litigation & Interim Measures; ISSUES OF INTERIM MEASURES IN ARBITRATION; Interim Remedies/Preservation Measures in Arbitration; Issues as to the Enforceability of Interim Remedies/Preservation Measures granted by Tribunal; RELEVANT ECOSYSTEM FOR INTERIM MEASURES; Need & Role for Interim Measures in the Current Business Environment; Current Business Environment; Additional Reasons for granting Interim Measures; Utility of Interim Remedies/Preservation Measures; DOCTRINES GOVERNING INTERIM MEASURES; Fundamental Principles of Interim Measures; Judges’ Primary Focus Before Rendering Interim Remedies/Preservation Measures; INTERIM REMEDIES IN ENGLAND & WALES; Equity, Equitable Remedies and Injunction; History of Injunctions; Injunctions as an Equitable Remedy; General Evolution of Interim Remedies in Modern Era; Evolution of Freezing Injunctions; Evolution of Interim Injunction; Evolution of Search Orders; Evolution of other Interim Remedies (including relevant to maritime disputes); Interim Remedies and Arbitration in England & Wales; PRESERVATION MEASURES IN CHINA; Introduction to Preservation Measures in China; Evolution of Civil Procedure Law & Preservation Procedures; Evolution of Property Preservation Measures – The First Stage (1949-1982); Evolution of Property Preservation Measures – The Second Stage (1982-2012); Evolution of Behaviour Preservation Measures; Maritime Injunctions; Evolution of Evidence Preservation Measures; Relevant Academic Debates on Evolution of Preservation Measures; Evolution of Preservation Measures – The Rapid Pace Stage (2012- Present); SPC’s interpretations and Local Courts’ Guidance documents; Preservation Measures and Arbitration in China; Closing Remark on Introduction of Preservation Measures in China; OTHER ISSUES WITH INTERIM MEASURES; Interim Measures as Commercial Litigation Tactics; Dispute of facts In Interim Measures & Interim Hearings; CONCLUDING REMARKS; Reasons for Comparing Interim measures – England & Wales v China; Arrangement of Chapters in this Book; A Tad of warning for Readers; Chapter 2: Legal System and Procedural Law in England & Wales; SOURCES OF ENGLISH LAW; STATUTORY LAW; JUDGE-MADE LAW; INTERNATIONAL CONVENTIONS; KEY STATUTES ON INTERIM REMEDIES; THE CIVIL PROCEDURE RULES (CPR); CIVIL PROCEDURE BASICS; TERMINOLOGY: INTERIM, INTERLOCUTORY AND FINAL; TERMINOLOGY: TEMPORARY, PERMANENT AND PERPETUAL; CPR PART 25: "INTERIM REMEDIES AND SECURITY FOR COSTS"; ENGLISH CIVIL COURTS; ALLOCATION OF CASES WITHIN THE HIGH COURT; POWERS OF JUDGES OF THE HIGH COURT TO GRANT INTERIM REMEDIES; COURT OF APPEAL AND UK SUPREME COURT; JURISDICTION; SERVICE OF ORIGINATING PROCESS; (i) Permission not required: service within the UK; (ii) Permission not required: service outside the UK; (iii) Permission required: 2.81 - 2.86; OBTAINING PERMISSION TO SERVE OUT OF THE JURISDICTION: 2.87 - 2.89; PROCEDURAL STAGE AT WHICH INTERIM REMEDIES CAN BE GRANTED: 2.90 - 2.94; PROCEDURE ON AN INTERLOCUTORY APPLICATION FOR AN INTERIM REMEDY: 2.95 - 2.97; WITHOUT NOTICE APPLICATIONS: 2.98 - 108; FULL AND FRANK DISCLOSURE: 2.109 - 2.117; UNDERTAKINGS: 2.118 - 2.124; COURT’S POWER TO ENFORCE INTERIM REMEDIES AND UNDERTAKINGS: 2.125 - 2.129; Chapter 3: The Legal System and The General Rules for Preservation Measures in China; INTRODUCTION; The Civil Litigation Procedure System of China; SOURCES OF LAW APPLICABLE FOR PRESERVAION MEASURES; Legislation; Legislation (I): General Laws; Legislation (II): Special Laws; Regulations; Judicial Interpretations and Other Judicial Documents; Guiding Case and Reference Case; THE CHINESE COURT SYSTEM; Overview of The Court System; Preservations in The Court System; HIERARCHICAL TRIAL SYSTEM; TIER SYSTEM IN THE CONTEXT OF PRESERVAITON MEASURES; PRESERVATION PROCEDURAL STEPS IN CHINA; Meaning of Pre-action Preservation Application; Meaning of Post-action Preservation Application; General Procedural Steps for Preservation Measures; Online Preservation System of the People’s Court; Various types of Scenarios in the Context of Preservation Measures; JURISDICTION OF COURTS FOR CIVIL PRESERVATION APPLICATIONS; Court Tier Jurisdiction for Preservation Applications; Tier Jurisdiction of Domestic Cases; Tier Jurisdiction of Foreign-related Cases; Tier Jurisdiction of Specialised Courts: Exclusive Jurisdiction; Territorial Jurisdiction to Consider for Preservation Applications; Agreed Jurisdiction Clauses in relation to Preservation Applications; Overseas Cases – Chinese Court’s Jurisdiction over Preservation Applications; Maritime Court’s Jurisdiction over Preservation Applications for Overseas Cases; Choice of Venue if there are two competent Courts; Jurisdiction for Preservation Applications after Completion of the First Instance; Jurisdiction after Making an Effective Judgment or Award; APPLICATION AND ENFORCEMENT OF COURT ORDERS OF MACAU, HONG KONG AND TAIWAN; Macau and the Mainland; Hong Kong and the Mainland; Taiwan and the Mainland; FORMAT OF THE PRESERVATION APPLICATIONS; Written Format or Others; Requirements as to Translation; Requirements as to Notarisation and Legalisation; Flexible Requirements as to Notarisation and Legalisation in IP Disputes; SECURITY FOR APPLICATION OF PRESERVATIONS; Overview of Security for Application of Preservations; Security for Maritime Preservation Measure Applications; Countersecurity of the Respondent; Types of Security or Countersecurity; Property Security(I): Scope of Security; Property Security (II): Nature and Steps of Property Security; Property Security (III): Legal Effect of Property Security; Cash Security (I): Introduction; Cash Security (II): Payment Method; Cash Security (III): Nature of Cash Security; A letter of guarantee (Credit Guarantee) (I): Introduction; A Letter of Guarantee (II): Lack of Unified Rule; A Letter of Guarantee (III): Development of Credit Guarantee; A Letter of Guarantee (IV): Maritime Law Domain; A Letter of Guarantee (V): Online Guarantee; Exemptions from Providing Security; The Scope of Application of Preservation Security Guidance; LEGAL COSTS IN PRESERVATION APPLICATIONS; General Legal Costs; Insurance Fee for Security of Preservation; Lawyer’s Fee; The Burden of Legal Costs and Application Fees; THE TIME LIMIT FOR RENDERING ORDERS; LEGAL REMEDIES AGAINST AN ORDER (I): THE SUBJECT OF REMEDIES; Concept of Interested Party and Outside Party; LEGAL REMEDIES AGAINST AN ORDER (I) : RECONSIDERATION; Reconsideration; Appellate Remedy; Claims of the Interested Party; LEGAL REMEDIES AGAINST A PRESERVATION ORDER (III): RAISING OBJECTION; Procedural Remedy of Objection to Enforcement of a Preservation Order; Procedural Remedy of Objection to Subject Matter of a Preservation Order; SANCTIONS FOR NOT OBEYING PRESERVATION ORDERS; Sanctioned Behaviour and Parties; Fine and Detention Penalty; Criminal Penalty; DISCHARGE OF ORDERS; General Rules; An Applicant’s Liability; COMPENSATION: LEGAL REMEDY FROM SUBSTANTIVE LAW PERSPECTIVE; General Rules; Party Liable to Compensate an Injured Party; Difference between Procedural Remedy and Substantive Remedy; Annex 1; Annex 2; Part 2 - Interim Measures in Arbitration; Chapter 4: Interim Remedies In Support Of Arbitration; INTRODUCTION: 4.1; THE NEW YORK CONVENTION: 4.2 - 4.3; PART I OF THE ARBITRATION ACT 1996: 4.4 - 4.8; RELEVANCE OF ENGLISH LAW: 4.9 - 4.13; POWER OF ARBITRAL TRIBUNALS TO GRANT INTERIM REMEDIES: 4.14 - 4.15; ORDERS: 4.16 - 4.17; PROVISIONAL AWARDS: 4.18 - 4.20; LIMITATIONS OF THE POWER OF ARBITRATION TRIBUNALS: 4.21 - 4.26; POWERS OF THE ENGLISH COURT TO GRANT INTERIM REMEDIES IN RELATION TO ARBITRATION: 4.27; SECTION 44 OF THE 1996 ACT: 4.28 - 4.35; SECTION 44 AND NON-PARTIES: 4.36 - 4.39; STAY OF ENGLISH COURT PROCEEDINGS: 4.40 - 4.43; INTERIM ANTISUIT INJUNCTIONS IN SUPPORT OF ARBITRATION: 4.44 - 4.52; Chapter 4a: Interim Measures In Arbitration (China); INTRODUCTION; JURISDICTION OVER ARBITRAL PRESERVATION MEASURES IN CHINA; Legal Foundation of Chinese Exclusive Jurisdiction; Tier Jurisdiction in Non-Maritime Disputes; Domestic Arbitration in Non-maritime Disputes; Conflicts and Development of Jurisdiction in Non-Maritime Disputes; Maritime Courts’ Jurisdiction for Arbitral Preservation Applications; Emergency Arbitrators and Preservation Orders; TYPES OF PRESERVATION MEASURES IN ARBITRATION; JURISDICTION AND TYPES OF PRESERVATIONS IN THE CICC; PROCEDURE FOR APPLICATIONS; Procedural Step of Pre-arbitral Preservations in Practice; Procedural Step after Submitting an Application; Underlying Issues Affecting Preservation Applications; PRESERVATIONS FOR FOREIGN ARBITRATIONS IN CHINA; PRESERVATIONS FOR FOREIGN ARBITRATIONS IN CHINA (I): MARITIME ARBITRATION; Test case for Post-arbitral Maritime Preservation; Case Test for Pre-arbitral Maritime Preservation; Limitation of Property Preservation Measure in Maritime Disputes; PRESERVATIONS FOR FOREIGN ARBITRATIONS IN CHINA (II): MACAU AND THE MAINLAND; PRESERVATIONS FOR FOREIGN ARBITRATIONS IN CHINA (III): TAIWAN AND THE MAINLAND; PRESERVATIONS FOR FOREIGN ARBITRATIONS IN CHINA (IV): HONG KONG AND THE MAINLAND; Background; Types of Preservations; Jurisdiction Over HK Arbitral Preservations; Status Quo; ARBITRAL PRESERVATION DURING RECOGNITION AND ENFORCEMENT OF FOREIGN; ARBITRAL AWAWRDS; Part 3- Interim Measures for Property; Chapter 5: Freezing Injunctions; INTRODUCTION: 5.1; MAREVA INJUNCTIONS AND ASSET PRESERVATION ORDERS: 5.2 - 5.8; THE FREEZING INJUNCTION - ONE OF ENGLISH LAW’S "NUCLEAR WEAPONS": 5.9 - 5.11; FREEZING INJUNCTIONS AS SECURITY: 5.12 - 5.15; SOURCES OF LAW IN RELATION TO FREEZING INJUNCTION: 5.16 - 5.19; JURISDICTION AND DISCRETION: 5.20 - 5.22; (A) GOOD ARGUABLE CASE ON THE MERITS: 5.23 - 5.24; (B) RISK OF DISSIPATION: 5.25 - 5.29; (C) ASSETS TO BE CAUGHT: 5.30; (D) JUSTICE AND CONVENIENCE: 5.31; WORLDWIDE FREEZING INJUNCTIONS: 5.32 - 5.38; ANCILLARY ORDERS: 5.39 - 5.40; CHABRA INJUNCTIONS: 5.41 - 5.42; THE STANDARD FORM OF ORDER: 5.43 - 5.55; Chapter 6: Preservation Measure of Property in China; INTRODUCTION; Definition of Property Preservation and its Purpose; Applicable Laws; Definition of Preservation of Maritime Claims and its Purpose; Applicable Laws in Maritime Law Domain; FORMAT OF PRESERVATION APPLICATIONS; APPLICANTS AND RESPONDENTS OF APPLICATIONS; The Meanings of an Applicant and a Respondent; Information on an Applicant and a Respondent and their Identifications; THE SUBJECT MATTER OF APPLICATIONS: PROPERTY TO BE PRESERVED; Category of Property; New Development of Property to be Preserved; Requirements of Preserved Property; The Outside Party’s Preserved Property; The Limitation of Preserved Property; The Necessity of Preserved Property Valuation; Burden of Proof on Preserved Property Valuation; Approaches of Property Valuation; The Floating Value of Property to be Preserved; The Valuation of Excessive Property Preservation; PRE-ACTION PROPERTY PRESERVATIONS; Exact Information of Property in Applications; Substantive Prerequisites for Pre-action Preservations; Urgent Circumstances and Irreparable harms; Requirement of Security; Status Quo; The Time Limit of Rendering Orders and Mode of Trials; POST-ACTION PRESERVATION APPLICATIONS; Specific Clues of Property; Online Monitoring System for Property Information within China(I): Introduction; Online Monitoring System for Property Information within China (II):; Protection of Information; Online Monitoring System for Property Information within China(III):; Regional Online Monitoring System; Security (I): Requirement; Security (II): Exemptions from Providing Security; The Time Limit of Rendering Orders and Respondents’ Defence; The Possibility of Interim Hearing; PROTECTION OF THE RESPONDENT’S INTERESTS; Option of Multiple Properties; Use of Preserved Property; Sale of Preserved Property; Substitution of Property (Respondents’ Counter Security); PROTECTION TO NON-PROFIT ENTITY; THE TIME LIMIT AND RENEWAL OF PRESERVATION ORDER; COMPENSATION CAUSED BY WRONGUL PROPERTY PRESERVATION; Liability Principle of Wrongful Application; Elements of Fault-based Liability; PROPERTY PRESERVATION FEES; Annex 1; Annex 2; Part 4 - Interim Measures for Conduct; Chapter 7: Interim Injunctions; INTRODUCTION: 7.1 - 7.3; THE COURT’S POWER TO GRANT INTERIM INJUNCTIONS: 7.4 - 7.9; AMERICAN CYANAMID: 7.10 - 7.12; Stage One - Serious Issue To Be Tried: 7.13 - 7.15; Stage Two - Adequacy Of Damages To Each Party: 7.16 - 7.24; Stage Three - Balance Of Convenience: 7.25 - 7.29; MANDATORY INTERIM INJUNCTIONS: 7.30 - 7.33; WHERE THE OUTCOME OF THE APPLICATION WILL DETERMINE THE OVERALL DISPUTE: 7.34 - 7.39; SPECIAL CASES WHERE THE AMERICAN CYANAMID TEST IS MODIFIED: 7.40; (I) Freedom Of Expression: 7.41; (Ii) Industrial Disputes: 7.42; (Ii) Public Bodies: 7.43; CASES WHERE INTERIM INJUNCTIONS ARE GENERALLY UNAVAILABLE: 7.44; Defamation: 7.45; Performance Bonds And Irrevocable Letters Of Credit: 7.46 - 7.51; CASES WHERE AMERICAN CYANAMID DOES NOT APPLY: 7.52 - 7.53; INTERIM ANTI-SUIT INJUNCTIONS: 7.54 - 7.61; Chapter 8: Preservation Measure of Behaviour in China; INTRODUCTION; Terminology; Evolution and History; ADVANCE ENFORCEMENT; Meaning and Evolution of Advance Enforcement; Scope of Application of Advance Enforcement; Requirements of Advance Enforcement; Reconsideration; ‘Converse’ Behaviour Preservation; Advance Enforcement v Advance Judgment; Advance enforcement v Behaviour Preservation; BEHAVIOUR PRESERVATON MEASURES; Definition and Purpose of Behaviour Preservations; Definition and Purpose of Maritime Injunctions; Overview of Applicable Laws; Applicable Law of Intellectual Property Disputes; Applicable Law of Non-Intellectual Property Disputes; Format of the Preservation Applications; Meaning and Qualification of an Applicant; Meaning of Respondent; Scope of Behaviour Preservation Measures; Positive Effect (I): Behaviour Preservation Measures in Family Dispute; Positive Effect (II): Behaviour Preservation Measure in Commercial Disputes; Current Issues(I): Lack of Unified Standard of Subject Matter; Current Issues (II): Confusion Between the Behaviour and Property Preservation Measures; Requirements for Behaviour Preservation Applications in Non-IP Disputes; Requirements for Urgent Behaviour Preservation Applications in IP Disputes; Requirement for Urgent Applications (I): Urgent Circumstances; Requirement for Urgent Applications (II): Irreparable Harms; Requirement for Urgent Applications (III): Stabilization of Rights; Requirement for Urgent Applications (IV): Balance of Interests and Protection of Public Interests; Requirements for Non-urgent Post-action Applications; REQUIREMENT OF FURNISHING SECURITY; Rules Regarding Furnishing Security in IP and non-IP Disputes; Countersecurity Rules in IP and non-IP Disputes; INQUIRY PROCEDURE OR INTERIM HEARING AND RESPONDENT’S DEFENCE; Inquiry Procedure in Non-IP Disputes and Respondents’ Defence; Inquiry Procedure for Maritime Injunction and Respondents’ Defence; THE TIME LIMIT RENDERING POST-ACTION ORDERS; TIME LIMIT AND RENEWAL OF PRESERVATION ORDERS; First Type of Prescription of Time Limit; Second Type of Prescription of Time Limit; Renewal of Behaviour Preservation Order; COMPENSATION CAUsED BY WRONGFUL BEHAVIOUR PRESERVATIONS; COMPENSATION RULES IN IP DISPUTES; The Retrospective Effect of Invalidity of Patent Right in IP Compensation; Compensation Rules in Non-IP Disputes; BEHAVIOUR PRESERVATION FEES; Annex 1; Annex 2; Annex 3; Annex 4; Annex 5; Part 5 - Interim Measures for Evidence; Chapter 9: Search Orders; INTRODUCTION: 9.1 - 9.9; SOURCES OF LAW IN RELATION TO SEARCH ORDERS: 9.10 - 9.13; SECTION 7 OF THE CIVIL PROCEDURE ACT 1997: 9.14 - 9.15; DISCRETIONARY REMEDY: 9.16 - 9.17; STAGE AT WHICH A SEARCH ORDER CAN BE GRANTED: 9.18; SEARCH ORDER IN SUPPORT OF SUBSTANTIVE PROCEEDINGS ELSEWHERE: 9.19 - 9.21; PURPOSE OF SEARCH: 9.22 - 9.24; WHO CAN APPLY? 9.25; WHICH PREMISES CAN BE SEARCHED? 9.26 - 9.26; AGAINST WHOM CAN A SEARCH ORDER BE GRANTED? 9.28 - 9.32; PERSONAL JURISDICTION OVER THE RESPONDENT: 9.33 - 9.35; SEARCH PARTY: 9.36 - 9.38; SCOPE OF THE SEARCH: 9.39 - 9.40; RESPONDENT’S DUTY TO PROVIDE ASSISTANCE: 9.41; THE PRIVILEGE AGAINST SELF-INCRIMINATION: 9.42 - 9.44; APPLYING FOR A SEARCH ORDER: 9.45 - 9.47; UNDERTAKINGS: 9.48 - 9.53; THE FORMAT OF THE SEARCH ORDER: 9.54 - 9.56; EXECUTING THE SEARCH ORDER: SERVICE: 9.57 - 9.61; EXECUTING THE SEARCH ORDER: THE SEARCH: 9.62 - 9.65; IMAGING ORDERS: 9.66 - 9.69; Chapter 10: Preservation Measure of Evidence in China; INTRODUCTION; APPLICABLE LAWS; Applicable Laws for General Disputes; Applicable laws for Intellectual Property Disputes; Applicable Laws for Maritime Disputes; DEFINITION AND PURPOSE; Definition and Purpose of Evidence Preservation Measures; Definition and Purpose of Maritime Evidence Preservation; FORMAT OF PRESERVATION APPLICATIONS AND KEY POINTS; An Applicant and A Respondent; Evidence to be Preserved; Measure of Preservation; PRELIMINARY PROCEDURAL EXAMINATION; Test of Correlation and Necessity; Case Test and Status Quo; Tests in SMPL 1999 regime; PRE-ACTION EVIDENCE PRESERVATION AND ALTERNATIVE REMEDIES; Requirement of ‘Urgent Circumstances’; The Principle of The Minimum Impact; Status Quo for Pre-action Applications in Courts; Alternative Remedy(I): Evidence Preservation by Notary Public Office; Alternative Remedy(II):Online Preservation by way of Blockchain Technology; TIME LIMIT OF POST-ACTIN APPLICATIONS; Statutory Time Limit; Agreed Time Limit; REQUIREMENT FOR POST-ACTION EVIDENCE PRESERVATIONS; General Requirements; Requirements for IP Evidence Preservation and Its Understanding; Other Consideration and Underlying Issue; DOCUMENTARY EVIDENCE DISCLOSURE ORDER; General Rule; The Extension of The Documentary Disclosure Order in IP Disputes; COLLECTING OF EVIDENCE BY COURTS; Courts’ Power to Collecting of Evidence on its own Initiative; Maritime Courts’ Power to Collecting of Evidence; Collecting of Evidence on Party’s Application; SECURITY FOR EVIDENCE PRESERVATION APPLICATIONS; Rule of Security for IP and Maritime Pre-action Application; Exception for Furnishing Security for Pre-action and Post-action Application; Amount of Security; TIME LIMIT OF RENDERING POST-ACTION ORDERS; TIME LIMIT OF EVIDENCE PRESERVATIN ORDERS; DISCHARGE OF EVIDENCE PRESERVATION ORDERS; COMPENSATION CAUSED BY WRONGFUL EVIDENCE PRESERVATION; Liability Principle; Principle of Common Evidence; Causative link and Burden of Proof; Actual Property Damages; EVIDENCE PRESERVATION FEES; EVIDENCE PRESERVATION FEES; Annex 1; Annex 2; Annex 3; Part 6 - Comparative Analysis of Interim Measures in two Jurisdiction; Chapter 11: Comparative Analysis of Interim Measures on Visible & Invisible Factors – England & Wales v. China; OVERVIEW OF THE CHAPTER; Summary; Major Conclusions after Comparative Analysis; COMPARATIVE ANALYSIS OF INTERIM MEASURES ON VISIBLE FACTORS; Visible Factors; Warning on Comparative Analysis pursued on Visible Factors; Comparative Analysis of Working Methods of Courts for seeking Interim Measures; Comparative Analysis – Freezing Orders (England & Wales) v. Preservation of Property Measures (China); Comparative Analysis – Interim Injunction (England & Wales) v. Preservation of Behaviour Measures (China); Comparative Analysis – Search Orders (England & Wales) v. Preservation of Evidence Measures (China); THEORY RELEVANT TO COMPARATIVE ANALYSIS OF INTERIM MEASURES; Difference between Visible and Invisible Factors; Warning to Readers; Comparative Procedural Law relevant to Interim Measures; Discretionary Power & Human Angle – A Key factor relevant to Interim Measures; INVISIBLE FACTORS AND CONTEXTS – COMPARATIVE ANALYSIS OF ITS INFLUENCE ON SEEKING INTERIM MEAUSURES FROM COURTS; Effects on Legal Practice; Invisible Factor of Historical Evolution of Substantive and Procedural Law; Invisible Factor of Historical Evolution of Injunctions and Preservation Measures; Invisible Factor of Jurisprudence; Invisible Factor of Legal Philosophy of Civil Litigation; Invisible factor of Philosophy of finding truth in Judicial practice; Training of Judges; Invisible Factor of Concept of Standards of Proof; Standard of Proof at the time of application; During Interim Hearings; Invisible Factor of Discretionary Power of Judges; CONCLUDING REMARKS

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Edited by: Johanna Hjalmarsson, Jenny Jingbo Zhang

ISBN 9781138666139
Published September 2016
Routledge

£210.00

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Maritime Law in China: Emerging Issues and Future Developments (eBook)

Edited by: Johanna Hjalmarsson, Jenny Jingbo Zhang

ISBN 9781317210511
Published September 2016
Routledge

Out of print

Insurance Law in China

Edited by: Johanna Hjalmarsson, Dingjing Huang

ISBN 9781138785090
Published December 2014
Informa Law from Routledge

£300.00

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Insurance Law in China (eBook)

Edited by: Johanna Hjalmarsson, Dingjing Huang

ISBN 9781317665199
Published December 2014
Informa Law from Routledge

Out of print

Causation in Insurance Contract Law

Meixian Song

ISBN 9780415704564
Published July 2014
Informa Law from Routledge

Out of print

Causation in Insurance Contract Law (eBook)

Meixian Song

ISBN 9781317685005
Published July 2014
Informa Law from Routledge

Out of print

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