Comparative Civil Procedure
Published on 25. March 2025
Book
Hardback
540 pages
978-1-78643-440-1 (ISBN)
Description
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.
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.
Reviews / Votes
'This superb collection of essays - written by some of the most influential scholars in comparative civil procedure and edited by two of the best in the field - exposes the deep fault lines and foundational similarities in dispute resolution across borders. An essential resource to understand the basic building blocks for a fair and just society.' -- Richard Albert, The University of Texas at Austin, USA 'This book goes to the heart of civil procedure, the lifeblood of the law. Comparisons reveal both the vital principles of different jurisdictions and the underlying questions of procedural justice they must all address. Woo and van Rhee have created an excellent and useful volume for comparatists and lawyers everywhere.' -- Mortimer Sellers, University System of Maryland, USAMore details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 244 mm
Width: 169 mm
ISBN-13
978-1-78643-440-1 (9781786434401)
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 Margaret Y.K. Woo, Northeastern University School of Law, Boston, USA and Cornelis Hendrik van Rhee, Faculty of Law, Maastricht University, the Netherlands
Content
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 Ucin 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
proceedings 470
Marco de Benito
21 Deciding lawsuits outside of court: mediation in Hong Kong 501
Shahla Ali
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 Ucin 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
proceedings 470
Marco de Benito
21 Deciding lawsuits outside of court: mediation in Hong Kong 501
Shahla Ali