Technology, the Global Economy and other New Challenges for Civil Justice

This is a fresh and stimulating book on new challenges for civil justice. It brings together leading experts from across the world to discuss relevant topics of civil justice from regional, cross-border, international and comparative perspectives.
Editor(s):
Koichi Miki
book | forthcoming | 1st edition
August 2021 | xiv + 520 pp.

Hardback
€149.-


ISBN 9781780689715



Publication date: August 20, 2021

Details

This is a fresh and stimulating book on new challenges for civil justice. It brings together leading experts from across the world to discuss relevant topics of civil justice from regional, cross-border, international and comparative perspectives. Inter alia, this book will focus on multinational rules and systems of dispute resolution in the era of a global economy, while also exploring accountability and transparency in the course of civil justice. Transnational cooperation in cross-border insolvency, regionalism in the process of recognition and enforcement of foreign titles, and the application of electronic technologies in judicial proceedings, including new types of evidence also play a major role.

Technology, the Global Economy and other New Challenges for Civil Justice is a compact and accessible overview of new developments in the field from across the world and written for those with an interest in civil justice.

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KOICHI MIKI is a professor of law at Keio University, Tokyo (Japan) and president of the Japanese Association of the Law of Civil Procedure.

With contributions by Koichi Miki, Frédérique Ferrand, Margaret Woo, Christoph A. Kern, Athanassios Kaissis, Linda Silberman, Yulin Fu, Daniel Mitidiero, Georg Kodek, Jun’ichi Matsushita, Ronald A. Brand, Tanja Domej, Francisco Verbic, Moon-Hyuck Ho, Etsuko Sugiyama and Joan Picó I Junoy.

Table of Contents

Table of Contents and Preliminary Pages (p. 0)

PART I. OVERVIEW OF THE FUTURE OF CIVIL JUSTICE AND THE NEW CHALLENGES FACING IT

Modern Computer-Related Technology and Judicial Procedure: Welcome Friend or Uninvited Troublemaker? (p. 3)

On the Future of Civil Procedure: Should One Adapt or Resist? (p. 17)

Technology, the Global Economy and New Concepts in Civil Procedure (p. 45)

PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: MULTINATIONAL RULES AND SYSTEMS OF DISPUTE RESOLUTION

Multinational Rules and Systems of Dispute Resolution in an Era of the Global Economy (p. 61)

Awards Set Aside in their Country of Origin: Two Incompatible Schools of Thought (p. 99)

Rethinking Multinational Procedure (p. 121)

PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: ACCOUNTABILITY AND TRANSPARENCY

Accountability and Transparency of Civil Justice (p. 133)

Accountability and Transparency of Civil Justice: A Comparative Perspective (p. 165)

PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: TRANSNATIONAL COOPERATION IN CROSS-BORDER INSOLVENCY

Transnational Cooperation and Coordination in Cross-Border Insolvency: China, South Korea and Japan (p. 187)

Transnational Cooperation in Cross-Border Insolvency (p. 193)

PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: RECOGNITION AND ENFORCEMENT OF FOREIGN TITLES

Regionalism in the Process of Recognition and Enforcement of Foreign Titles (p. 265)

Regionalism in the Process of Recognition and Enforcement of Foreign Titles: Civil Law Jurisdictions (p. 319)

PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: ELECTRONIC TECHNOLOGIES IN JUDICIAL PROCEEDINGS

Application of New Technologies in Judicial Proceedings (p. 381)

The Application of Electronic Technologies in Judicial Proceedings (p. 395)

PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: NEW TYPES OF EVIDENCE

Present and Future Issues Regarding New Types of Evidence: Electronic and Digital Evidence in Particular (p. 429)

The New Challenges of Evidence Law in the Fourth Industrial Revolution (p. 477)