Civil Litigation in a Globalising World
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions.
This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Provides a unique compilation of original papers by recognized international experts in the field of civil procedure Includes not only valuable insights in global and European harmonization of civil procedure, but also legislative and practical developments and policy perspectives from eight different jurisdictions Combines different perspectives on the issue of globalization and harmonization of civil procedure, including perspectives of legal history, policy and law and economics, as well as the interaction with private (international) law