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Comparative Civil Procedure

Edited by: Margaret Woo, Cornelis Hendrik van Rhee

ISBN13: 9781786434401
To be Published: March 2025
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £240.00



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 Research Handbook delves into the fundamental principles of civil procedure, access to evidence and the psychology of procedural justice, drawing on in-depth and contextualized studies from the Global North and South. Adopting a forward-thinking approach, the contributing authors look to the future of civil dispute resolution, discussing potential developments in processes such as the digitization of judicial procedure and deciding lawsuits outside of courts.

Presenting invaluable new perspectives on civil procedure law, this comprehensive Research Handbook is an essential read for scholars and practitioners in international practice and transnational litigation. It will also benefit students and researchers interested in dispute resolution, comparative politics and sociology.

Subjects:
Comparative Law, Public International Law
Contents:
Introduction – comparative civil procedure: power, authority and culture in dispute resolution 1
Margaret Y.K. Woo and Cornelis Hendrik van Rhee

PART I. COMPARATIVE LAW AND FUNDAMENTAL PRINCIPLES
1. Comparative studies of civil procedures 18
Alan Uzelac
2. History of civil procedure 40
Cornelis Hendrik van Rhee
3. Principles of civil procedure 63
John Sorabji and (Hector) Zhixun Cao
4. Justice concerns in the management of civil disputes 91
Tom R. Tyler
5. Challenges to access to civil justice in Europe 107
Xandra Kramer, Carlota Ucín and Adriani Dori

PART II. BEGINNING OF LAWSUIT
6. Judicial jurisdiction and competence 134
Scott Dodson and Sebastian Spinei
7. The politics of pleadings 168
Margaret Y.K. Woo
8. The initiation of civil suits – a comparative perspective 187
Mohamed Paleker
9. Why civil procedure matters: how jurisdiction and forum selection impact the liability of multinational corporations to marginalized people in the Global South 223
Lucy Williams

PART III. MANAGING THE LAWSUIT
10. Managing the lawyers 244
Richard Marcus
11. Judicial case management: iura novit curia? 261
Emmanuel Jeuland
12. Access to evidence in the US, Germany, and Norway 278
Magne Strandberg
13. Joinder of parties and group litigation 302
Linda S. Mullenix and Stefaan Voet

PART IV. DECIDING THE LAWSUIT
14. The landscape of lay decision-making in civil litigation 356
Valerie P. Hans
15. Finality of judgments and its effects 378
Elisabetta Silvestri
16. The law of preclusion in China and Japan 384
Yulin Fu
17. Comparative enforcement law 394
Wendy Kennett

PART V. FUTURE TRENDS
18. Digitization of judicial procedure: AI, ODR, blockchain and e-justice 418
Peter C.H. Chan and Antonio Cabral
19. Cross-border disputes: arbitration, courts, and ‘arbitral courts’ 445
Pamela K. Bookman
20. Untimely concordance: the discreet convergence of civil and arbitral roceedings 470
Marco de Benito
21. Deciding lawsuits outside of court: mediation in Hong Kong 501
Shahla Ali