Full Description
This book explores whether a party that lacks access to evidence which may be relevant to a legal dispute has the right to obtain access if it is in the possession of the opposite party or a third party. As the approach varies from country to country, expert contributors describe and compare the rules of selected European jurisdictions to consider whether these differences are as radical as they seem at first glance.
Key Features:
Comparative analysis of country-specific regulations including the ELI/UNIDROIT Model Rules on European Civil Procedure
Information on the minimum standard for disclosure found in EU directives and necessary changes in national law
Coverage of arbitration proceedings and international coordination, particularly in relation to the use of the rules of US discovery for legal disputes in other countries
Detailed discussion of access to information and evidence in selected European countries, as well as the implementation of EU directives regarding access to information and evidence
Access to Evidence in Civil Procedure is a crucial resource for legal practitioners in European civil litigation arbitration and dispute resolution. It is also a beneficial read for scholars and students studying European private international law for its valuable practical and theoretical insights.
Contents
Co�n�t�e�n�t�s� �
Introduction 1
1 Access to evidence in Germany, Austria and Switzerland 5
A�s�t�r�i�d� �S�t�a�d�l�e�r� �
2 Evidence-gathering in England and Wales 30
J�o�h�n� �S�o�r�a�b�j�i� �
3 Access to evidence in France 49
E�m�m�a�n�u�e�l� �J�e�u�l�a�n�d� �
4 Access to evidence in Italy 75
E�l�i�s�a�b�e�t�t�a� �S�i�l�v�e�s�t�r�i� �
5 Access to evidence in Spain 88
F�e�r�n�a�n�d�o� �G�a�s�c�ón� �I�n�c�h�a�u�s�t�i� �
6 Access to evidence in the Netherlands 117
B�a�r�t� �K�r�a�n�s� �a�n�d� �N�i�e�k� �Z�o�n�d�a�g� �
7 Access to evidence in Scandinavia 152
M�a�g�n�e� �S�t�r�a�n�d�b�e�r�g� �
8 The application of U.S. discovery for European disputes 181
N�i�c�o�l�ò �T�r�o�c�k�e�r� �
9 Taking of evidence by arbitral tribunals 224
M�i�c�h�a�e�l� �S�t�ür�n�e�r� �a�n�d� �J�o�h�a�n�n�e�s� �L�a�n�d�b�r�e�c�h�t� �
10 Comparative analysis and concluding remarks 251
F�e�r�n�a�n�d�o� �G�a�s�c�ón� �I�n�c�h�a�u�s�t�i�,� �A�s�t�r�i�d� �S�t�a�d�l�e�r� �a�n�d� �M�a�g�n�e� �S�t�r�a�n�d�b�e�r�g� �
