Civil Litigation in a Globalising World [Paperback]

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.This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and European policy, including interaction with projects aimed at the harmonization of civil procedure.Civil litigation in a globalising world  an introduction.- Fundamental principles of civil procedure: order out of chaos.- Harmonisation of civil procedure: a historical and comparative perspective.- A Law and Economics view on harmonisation of procedural law.- Harmonisation of civil procedure  policy perspectives.- Harmonisation of civil procedure and the interaction with private international law.- Harmonisation of civil procedure and the interaction with substantive private law.-l*