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Comparative Civil Procedure

Comparative Civil Procedure

Author: Margaret Woo; Cornelis Hendrik van Rhee
Publisher: Edward Elgar Publishing
ISBN: 9781786434401
Published In: March 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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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.

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

Comparative studies of civil procedures 18

Alan Uzelac

History of civil procedure 40

Cornelis Hendrik van Rhee

Principles of civil procedure 63

John Sorabji and (Hector) Zhixun Cao

Justice concerns in the management of civil disputes 91

Tom R. Tyler

Challenges to access to civil justice in Europe 107

Xandra Kramer, Carlota Ucín and Adriani Dori

PART II. BEGINNING OF LAWSUIT

Judicial jurisdiction and competence 134

Scott Dodson and Sebastian Spinei

The politics of pleadings 168

Margaret Y.K. Woo

The initiation of civil suits – a comparative perspective 187

Mohamed Paleker

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.