Full Description
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.
Contents
Part 1 - Chapter 1: Introduction to Interim Measures in England & Wales and China - Chapter 2: Legal System and Procedural Law in England & Wales - Chapter 3: The Legal System and The General Rules for Preservation Measures in China - Part 2 - Chapter 4: Interim Remedies In Support Of Arbitration - Chapter 4a: Interim Measures In Arbitration (China) - Part 3 - Chapter 5: Freezing Injunctions - Chapter 6: Preservation Measure of Property in China - Part 4 - Chapter 7: Interim Injunctions - Chapter 8: Preservation Measure of Behaviour in China - Part 5 - Chapter 9: Search Orders - Chapter 10: Preservation Measure of Evidence in China - Part 6 - Chapter 11: Comparative Analysis of Interim Measures on Visible & Invisible Factors - England & Wales v. China
