This book provides unique and timely comparative insights into how
parties to litigation can modify the rules of civil procedure by
agreement. Special national reports from 20 jurisdictions
(Argentina, Belgium, Brazil, Canada, Chile, China, the Czech
Republic, England and Wales, France, Germany, Italy, Japan, the
Netherlands, Norway, Peru, Poland, Spain, Taiwan, Turkey and the
United States) discuss the various aspects of court proceedings
that the parties are allowed to shape, such as choice-of-court,
division of costs, appeals, access to evidence, the form of
proceedings and pre-filing obligations, notably, the use of
mediation. They also discuss the limits to such agreements, the
broader context of agreements and the recent shifts in attitudes to
procedural agreements.The general report traces the nexus between
the underlying civil procedure system, the beliefs it is embedded
within, the arguments used to support or oppose such agreements,
and the rules and practices regarding procedural agreements. The
links between the contractualisation of civil proceedings and the
related phenomena of consensualisation, flexibilisation and
fragmentation are also explored.
General
Imprint: |
Intersentia
|
Country of origin: |
United Kingdom |
Series: |
Ius Comparatum, 0 |
Release date: |
October 2023 |
Editors: |
Anna Nylund
• Antonio Cabral
|
Dimensions: |
244 x 170mm (L x W) |
Pages: |
550 |
ISBN-13: |
978-1-83970-378-2 |
Categories: |
Books
|
LSN: |
1-83970-378-4 |
Barcode: |
9781839703782 |
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