Commercial Litigation: Jurisdictional Comparisons, 2nd Edition

Author: Andrew Horrocks; Maurice Phelan
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414050969

Previous Edition ISBN: 9781908239075
Published In: September 2015
Format: Hardback , 531 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

Commercial Litigation (2nd Edition) aims to provide a first port of call for clients and lawyers who are or may become involved in litigation in an unfamiliar jurisdiction. Each chapter is set out in such a way that readers can make quick comparisons between the litigation terrain in each country, determining the differences between, for example, the disclosure procedure in England and Wales and the US system of discovery. While in some instances the litigation procedure will seem quite familiar, in other jurisdictions there will be substantial differences. Each of the chapters provides an overview of the formalities to be expected and the procedure used in court in each of the numerous countries the book will cover, and will use a consistent format for ease of comparison.

A remarkable breadth of jurisdictions is covered in the 2nd Edition from common and civil law jurisdictions, with contributions from leading lawyers in their countries who are ideally placed to provide practical, straightforward commentary on the inner workings of their respective legal systems.

FEATURES AND BENEFITS:

Practical guide to commercial litigation in many of the world’s business hubs
Insightful commentary from experienced commercial litigators
Accessible comparison to litigation in different jurisdictions
Provides valuable information to in-house counsel in multinational companies

JURISDICTIONAL COVERAGE:

1.Argentina
2.Australia
3.Brazil
4.Canada
5.Cayman Islands
6.China
7.Cyprus
8.England & Wales
9.Finland
10.France
11.Germany
12.Guernsey
13.Hong Kong
14.India
15.Indonesia
16.Ireland
17.Italy
18.Japan
19.Malaysia
20.Mexico
21.New Zealand
22.Poland
23.Russia
24.Singapore
25.South Africa
26.South Korea
27.Spain
28.Sweden
29.Switzerland
30.Turkey
31.UAE & DIFC
32.Ukraine

Court Structure
Pre-action
Procedure and Timetable in Civil Courts
Documentary Evidence
Witness Evidence
Expert Evidence
Ending a claim / ADR
Trial
Remedies
Enforcement
Appeals
Costs/Funding
Collective actions
Other special features

Andrew Horrocks is the founder of Andrew Horrocks Law Limited, London. He also acts as a consultant to Radiant Law, London.

Andrew has a long track record of success in helping clients resolve contentious legal problems. He was for many years until April 2014 a commercial litigation partner with Clyde & Co LLP. Andrew has broad experience includes a variety of IT-related claims, including software development and licensing, IT procurement, consultancy and outsourcing matters. He advises on claims, insurance, and legal risk management related to technology, e-commerce and cyber-risk and handles contentious issues concerning IP, websites and email use. He also handles company and shareholder disputes in the financial, technology and other industry sectors. Andrew is also well known for his professional liability work, not least for solicitors and their insurers. He has considerable experience of mortgage fraud claims and multiparty litigation. He has extensive expertise in mediation and experience in arbitration and other alternative dispute resolution techniques.

As a consultant, Andrew helps clients develop and execute strategies to avoid and resolve disputes, conducting and advising on litigation and arbitration where necessary but also using mediation and other forms of ADR (alternative dispute resolution) wherever possible. He advises on a wide range of contentious issues and subject matter but has done in particular many cases involving technology and professional services. He deals not just with problems once they have arisen but also the management of legal risk and insurance issues.

Andrew writes and lectures widely on legal and dispute-handling topics in all his areas of practice. He publishes articles in the legal and national press and contributes to the Sweet & Maxwell Encyclopaedia of IT Law. He is a member of the Society for Computers and Law and the British Insurance Law Association. He has chaired Managing Partner magazine's annual "Risk Management for the Legal Profession" conference in 2011, and has chaired the Annual CLT Professional Liability conference on numerous occasions.

Maurice Phelan is a partner and Head of the Dispute Resolution Team at Mason Hayes & Curran, Dublin. His personal focus is on Commercial Litigation, Corporate Restructuring and Insolvency. Maurice has experience in a wide range of commercial litigation matters including high value contractual and tortious disputes and shareholders disputes, often with an international component. Maurice frequently acts for financial institutions in complex commercial disputes and he has also acted for both claimants and respondents in domestic and international commercial arbitrations.

Maurice routinely advises insolvency office holders and stakeholders in the insolvency process. He also advises companies and their directors in distressed situations on corporate restructuring and insolvency issues.