UID:
almahu_9949385616302882
Format:
1 online resource.
ISBN:
9781000579673
,
1000579670
,
9781003000310
,
1003000312
,
9781000579710
,
1000579719
Series Statement:
Contemporary Commercial Law Ser.
Content:
Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures. The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.
Note:
Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of figures -- List of tables -- Preface -- Acknowledgements -- Table of Chinese Cases -- Table of Chinese Legislations and Local Courts' Guidance Documents -- Table of Cases -- Table of Legislation -- Part 1 Introduction to the Concepts in the Book and Legal System and Procedural Law of England & Wales and China -- Chapter 1 Introduction to Interim Measures in England & Wales and China -- Introduction to Interim Measures -- Role of Interim Measures within a Civil Procedure System
,
Interim Measures in England & Wales -- Interim Measures in China -- Different Terminologies Used for Interim Measures -- Interim Measures and Cause of Action -- Delays in Civil/Commercial Litigation and Interim Measures -- Issues of Interim Measures in Arbitrations -- Interim Remedies/Preservation Measures in Arbitration -- Issues as to the Enforceability of Interim Remedies/Preservation Measures Granted by Tribunal -- Relevant Ecosystem for Interim Measures -- Need and Role for Interim Measures in the Current Business Environment -- Current Business Environment
,
Additional Reasons for Granting Interim Measures -- Utility of Interim Remedies/Preservation Measures -- Doctrines Governing Interim Measures -- Fundamental Principles of Interim Measures -- Judges' Primary Focus before Rendering Interim Remedies/Preservation Remedies -- Interim Measures in England & Wales -- Introduction to Interim Remedies in England & Wales -- Interim Remedies in England & Wales -- Equity, Equitable Remedies and Injunction -- History of Injunctions -- Injunctions as an Equitable Remedy -- General Evolution of Interim Remedies in the Modern Era
,
Evolution of Freezing Injunctions -- Evolution of Interim Injunctions -- Evolution of Search Orders -- Evolution of Other Interim Remedies (Including Relevant to Maritime Disputes) -- Interim Remedies and Arbitration in England & Wales -- Preservation Measures in China -- Introduction to Preservation Measures in China -- Evolution of Civil Preservation Procedure and Preservation Measures -- Evolution of Civil Procedure Law and Preservation Procedures -- Evolution of Property Preservation Measures -- The First Stage (1949-1982)
,
Evolution of Property Preservation Measures -- The Second Stage (1982-2012) -- Evolution of Behaviour Preservation Measures -- Maritime Injunctions -- Evolution of Evidence Preservation Measures -- Relevant Academic Debates on the Evolution of Preservation Measures -- Evolution of Property Preservation Measures -- The Rapid Pace Stage (2012-Present) -- SPC's Interpretations and Local Courts' Guidance Documents -- Preservation Measures and Arbitration in China -- Closing Remark on the Introduction of Preservation Measures in China -- Other Issues with Interim Measures
Additional Edition:
ebook version : ISBN 9781000579710
Additional Edition:
ISBN 0367429438
Additional Edition:
ISBN 9780367429430
Language:
English
Keywords:
Electronic books.
DOI:
10.4324/9781003000310
URL:
https://www.taylorfrancis.com/books/9781003000310
