عنوان

International Dispute Resolution :

946265252X

9789462652521

9462652511

9789462652514

International Dispute Resolution :

[Book]

Selected Issues in International Litigation and Arbitration /

Vesna Lazic, Steven Stuij, editors.

Berlin, Germany :

T.M.C. Asser Press,

2018.

1 online resource

Short studies in private international law

Intro; Contents; 1 Considerations on the Impact of EU Law on National Civil Procedure: Recent Examples from Belgium; Abstract; 1.1 Introduction; 1.2 EU Law Requirements for National Civil Procedure: The Overarching Framework; 1.2.1 The Concept of National Procedural Autonomy; 1.2.1.1 Origins; 1.2.1.2 The Issue of Autonomy; Member States Are Not Autonomous When Enacting Rules of Civil Procedure; The EU Has an Extensive Competence to Enact Rules of Civil Procedure; 1.2.1.3 The Relevance of Fundamental Rights; 1.2.2 EU Law as a Multiple Constraint on National Civil Procedure

1.3 Civil Procedure in EU Legislation and EU Case Law: Recent Examples and Impact on the Belgian Legal Order1.3.1 National Civil Procedure in the Case Law of the Court of Justice; 1.3.1.1 Introduction; 1.3.1.2 Ex Officio Application of the Unfair Contract Terms Directive; General; The 2015 Reform of Default Proceedings in Belgium; 1.3.1.3 Rules on the Reimbursement of Party-Appointed Expert Fees and the IP Enforcement Directive; 1.3.1.4 A Number of Brief Considerations Regarding the Influence of EU Case Law; 1.3.2 EU Rules on Civil Procedure; 1.3.2.1 Introduction

1.3.2.2 Private Damages DirectiveGeneral; Impact in Belgium; Rules on Prescription; Presumption of Harm; 1.3.2.3 Trade Secrets Directive; General; Impact in Belgium; Remedies and Their Scope; Protection of Confidentiality in the Course of Judicial Proceedings; 1.3.2.4 A Number of Brief Considerations Regarding the Influence of EU Legislation; 1.4 Different Approaches to Civil Procedure; 1.4.1 EU Approach to Civil Procedure: Sectoral and Functional; 1.4.2 Member State Approach to Civil Procedure: Horizontal and Autonomous; 1.5 Consequences for Civil Procedure at the Member State Level

1.5.1 The Issue of Fragmentation1.5.2 Competence for Regulation of Civil Procedure; 1.5.3 The Future of Civil Procedure Regulation in the EU; 1.6 Concluding Remarks; References; 2 The Internationalisation of Procedural Law: The Law on Execution and Attachment Orders; Abstract; 2.1 Introduction; 2.2 The Need for Internationalisation in The Netherlands and Particularly Europeanisation Within the European Union; 2.3 The Importance of the Council of Europe and CEPEJ; 2.4 An Area Suitable for Unification: Execution and Attachment Law; 2.5 What To Do Next?; 2.6 A Short-Term Solution

2.7 A Solution in the Longer TermReferences; 3 Harmonisation of Conflict of Law Rules in the US? The Example of Recognition and Enforcement of Foreign Money Judgments; Abstract; 3.1 Introduction; 3.2 The Basis of Recognition and Enforcement of Foreign Judgments in the US; 3.2.1 Preliminary Remarks; 3.2.2 Federal v. State Law; 3.2.2.1 Hilton v Guyot: The Basis for Recognition of Foreign Judgments; 3.2.2.2 Erie R. Co. v. Tompkins; 3.3 The 1962 and 2005 Acts and the Third Restatement: An Attempt at Harmonisation?; 3.3.1 Preliminary Remarks

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The contributions in this book cover a wide range of topics within modern dispute resolution, which can be summarised as follows: harmonisation, enforcement and alternative dispute resolution. In particular, it looks into the impact of harmonised EU law on national rules of civil procedure and addresses the lack of harmonisation in the US regarding the recognition and enforcement of foreign judgments. Furthermore, the law on enforcement is examined, not only by focusing on US law, but also on how to attach assets in order to enforce a judgment. Finally, it addresses certain types of alternative dispute resolution. In addition, the book looks into the systems and cultures of dispute resolution in several regions of the world, such as the EU, the US and China, that have a high impact on globalisation. Hence, the book is diverse in the sense of dealing with multiple issues in the field of modern dispute resolution. The book offers explorations of the impact of international rules and EU law on domestic civil procedure, through case studies from, among others, the US, China, Belgium and the Netherlands. The relevance of EU law for the national debate and its impact on the regulation of civil procedure is also considered. Furthermore, several contributions discuss the necessity and possibility of harmonisation in the emergency arbitrator mechanisms in the EU. The harmonisation of private international law rules within the EU, particularly those of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the book offers an overview of the current dispute settlement mechanisms in China. The book is primarily meant for legal academics in private international law and civil procedure. It will also prove useful to practitioners regularly engaged in cross-border dispute resolution and will be of added value to advanced students, as well as to those with an interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor of Private Law at Utrecht University and Professor of European Civil Procedure at the University of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/Guest Researcher at the Erasmus School of Law, Rotterdam.--

Springer Nature

com.springer.onix.9789462652521

International Dispute Resolution.

9789462652514

Civil procedure-- European Union countries.

Procedure (Law)-- European Union countries.

Arbitration, mediation & alternative dispute resolution.

Civil procedure, litigation & dispute resolution.

Civil procedure.

Financial law.

International law.

LAW-- Civil Procedure.

LAW-- Legal Services.

POLITICAL SCIENCE-- Government-- Judicial Branch.

Procedure (Law)

European Union countries.

7

LAM

LAW-- 012000

LAW-- 062000

LB

LB

POL-- 040030

Lazić, Vesna

Stuij, Steven

20200823215523.0

pn

[Book]

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