
Access to Evidence in Civil Procedure
European Law and Practice
Edward Elgar Publishing
Published on 28. April 2026
Book
Hardback
336 pages
978-1-0353-3612-8 (ISBN)
Description
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.
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.
More details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 244 mm
Width: 169 mm
ISBN-13
978-1-0353-3612-8 (9781035336128)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Edited by Fernando Gascon Inchausti, Professor and Chair in Procedural Law, Complutense University of Madrid, Spain, Astrid Stadler, Professor and Chair of Private Law, Civil Procedure Law, Private International Law and Comparative Law, University of Konstanz, Germany and Magne Strandberg, Professor and Vice Dean, Faculty of Law, University of Bergen, Norway
Content
Co?n?t?e?n?t?s? ?
Introduction 1
1 Access to evidence in Germany, Austria and Switzerland 5
A?s?t?r?i?d? ?S?t?a?d?l?e?r? ?
2 Evidence-gathering in England and Wales 30
J?o?h?n? ?S?o?r?a?b?j?i? ?
3 Access to evidence in France 49
E?m?m?a?n?u?e?l? ?J?e?u?l?a?n?d? ?
4 Access to evidence in Italy 75
E?l?i?s?a?b?e?t?t?a? ?S?i?l?v?e?s?t?r?i? ?
5 Access to evidence in Spain 88
F?e?r?n?a?n?d?o? ?G?a?s?c?on? ?I?n?c?h?a?u?s?t?i? ?
6 Access to evidence in the Netherlands 117
B?a?r?t? ?K?r?a?n?s? ?a?n?d? ?N?i?e?k? ?Z?o?n?d?a?g? ?
7 Access to evidence in Scandinavia 152
M?a?g?n?e? ?S?t?r?a?n?d?b?e?r?g? ?
8 The application of U.S. discovery for European disputes 181
N?i?c?o?l?o ?T?r?o?c?k?e?r? ?
9 Taking of evidence by arbitral tribunals 224
M?i?c?h?a?e?l? ?S?t?uer?n?e?r? ?a?n?d? ?J?o?h?a?n?n?e?s? ?L?a?n?d?b?r?e?c?h?t? ?
10 Comparative analysis and concluding remarks 251
F?e?r?n?a?n?d?o? ?G?a?s?c?on? ?I?n?c?h?a?u?s?t?i?,? ?A?s?t?r?i?d? ?S?t?a?d?l?e?r? ?a?n?d? ?M?a?g?n?e? ?S?t?r?a?n?d?b?e?r?g? ?
Introduction 1
1 Access to evidence in Germany, Austria and Switzerland 5
A?s?t?r?i?d? ?S?t?a?d?l?e?r? ?
2 Evidence-gathering in England and Wales 30
J?o?h?n? ?S?o?r?a?b?j?i? ?
3 Access to evidence in France 49
E?m?m?a?n?u?e?l? ?J?e?u?l?a?n?d? ?
4 Access to evidence in Italy 75
E?l?i?s?a?b?e?t?t?a? ?S?i?l?v?e?s?t?r?i? ?
5 Access to evidence in Spain 88
F?e?r?n?a?n?d?o? ?G?a?s?c?on? ?I?n?c?h?a?u?s?t?i? ?
6 Access to evidence in the Netherlands 117
B?a?r?t? ?K?r?a?n?s? ?a?n?d? ?N?i?e?k? ?Z?o?n?d?a?g? ?
7 Access to evidence in Scandinavia 152
M?a?g?n?e? ?S?t?r?a?n?d?b?e?r?g? ?
8 The application of U.S. discovery for European disputes 181
N?i?c?o?l?o ?T?r?o?c?k?e?r? ?
9 Taking of evidence by arbitral tribunals 224
M?i?c?h?a?e?l? ?S?t?uer?n?e?r? ?a?n?d? ?J?o?h?a?n?n?e?s? ?L?a?n?d?b?r?e?c?h?t? ?
10 Comparative analysis and concluding remarks 251
F?e?r?n?a?n?d?o? ?G?a?s?c?on? ?I?n?c?h?a?u?s?t?i?,? ?A?s?t?r?i?d? ?S?t?a?d?l?e?r? ?a?n?d? ?M?a?g?n?e? ?S?t?r?a?n?d?b?e?r?g? ?