Access to Evidence in Civil Procedure: European Law and Practice

Author: Fernando Gascón Inchausti; Astrid Stadler; Magne Strandberg
Publisher: Edward Elgar Publishing
ISBN: 9781035336128
Published In: May 2026
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book explores whether a party that lacks access to evidence which may be relevant to a legal dispute has the right to obtain access if it is in the possession of the opposite party or a third party. As the approach varies from country to country, expert contributors describe and compare the rules of selected European jurisdictions to consider whether these differences are as radical as they seem at first glance.

Key Features:

Comparative analysis of country-specific regulations including the ELI/UNIDROIT Model Rules on European Civil Procedure
Information on the minimum standard for disclosure found in EU directives and necessary changes in national law
Coverage of arbitration proceedings and international coordination, particularly in relation to the use of the rules of US discovery for legal disputes in other countries
Detailed discussion of access to information and evidence in selected European countries, as well as the implementation of EU directives regarding access to information and evidence

Access to Evidence in Civil Procedure is a crucial resource for legal practitioners in European civil litigation arbitration and dispute resolution. It is also a beneficial read for scholars and students studying European private international law for its valuable practical and theoretical insights.

Introduction

Access to evidence in Germany, Austria and Switzerland

Evidence-gathering in England and Wales

Access to evidence in France

Access to evidence in Italy

Access to evidence in Spain

Access to evidence in the Netherlands

Access to evidence in Scandinavia

The application of U.S. discovery for European disputes

Taking of evidence by arbitral tribunals

Comparative analysis and concluding remarks