Comparative analysis of interim measures : interim remedies (England & Wales) v preservation measures (China) /: interim remedies (England & Wales) v preservation measures (China). (2022)

• Record Type: Book
• Further Information: Note: Vivek Jain, Thomas Macey-Dare, Shengnan Jia.
• Authors: (Lawyer and Merchant mariner), Jain, Vivek; Macey-Dare, Thomas; Jia, Shengnan
• Contents: Table of Contents Part 1 - Introduction to the concepts in Book and Legal System and Procedural Law of England & Wales and China Chapter 1: Introduction to Interim Measures in England & Wales and China INTRODUCTION TO INTERIM MEASURES Role of Interim Measures within a Civil Procedural System Interim Measures in England & Wales Interim Measures in China Different Terminologies used for Interim Measures Interim Measures and Cause of Action Delays in Civil/Commercial Litigation & Interim Measures ISSUES OF INTERIM MEASURES IN ARBITRATION Interim Remedies/Preservation Measures in Arbitration Issues as to the Enforceability of Interim Remedies/Preservation Measures granted by Tribunal RELEVANT ECOSYSTEM FOR INTERIM MEASURES Need & Role for Interim Measures in the Current Business Environment Current Business Environment Additional Reasons for granting Interim Measures Utility of Interim Remedies/Preservation Measures DOCTRINES GOVERNING INTERIM MEASURES Fundamental Principles of Interim Measures Judges’ Primary Focus Before Rendering Interim Remedies/Preservation Measures INTERIM REMEDIES IN ENGLAND & WALES Equity, Equitable Remedies and Injunction History of Injunctions Injunctions as an Equitable Remedy General Evolution of Interim Remedies in Modern Era Evolution of Freezing Injunctions Evolution of Interim Injunction Evolution of Search Orders Evolution of other Interim Remedies (including relevant to maritime disputes) Interim Remedies and Arbitration in England & Wales PRESERVATION MEASURES IN CHINA Introduction to Preservation Measures in China Evolution of Civil Procedure Law & Preservation Procedures Evolution of Property Preservation Measures – The First Stage (1949-1982) Evolution of Property Preservation Measures – The Second Stage (1982-2012) Evolution of Behaviour Preservation Measures Maritime Injunctions Evolution of Evidence Preservation Measures Relevant Academic Debates on Evolution of Preservation Measures Evolution of Preservation Measures – The Rapid Pace Stage (2012- Present) SPC’s interpretations and Local Courts’ Guidance documents Preservation Measures and Arbitration in China Closing Remark on Introduction of Preservation Measures in China OTHER ISSUES WITH INTERIM MEASURES Interim Measures as Commercial Litigation Tactics Dispute of facts In Interim Measures & Interim Hearings CONCLUDING REMARKS Reasons for Comparing Interim measures – England & Wales v China Arrangement of Chapters in this Book A Tad of warning for Readers Chapter 2: Legal System and Procedural Law in England & Wales SOURCES OF ENGLISH LAW STATUTORY LAW JUDGE-MADE LAW INTERNATIONAL CONVENTIONS KEY STATUTES ON INTERIM REMEDIES THE CIVIL PROCEDURE RULES (CPR) CIVIL PROCEDURE BASICS TERMINOLOGY: INTERIM, INTERLOCUTORY AND FINAL TERMINOLOGY: TEMPORARY, PERMANENT AND PERPETUAL CPR PART 25: "INTERIM REMEDIES AND SECURITY FOR COSTS" ENGLISH CIVIL COURTS ALLOCATION OF CASES WITHIN THE HIGH COURT POWERS OF JUDGES OF THE HIGH COURT TO GRANT INTERIM REMEDIES COURT OF APPEAL AND UK SUPREME COURT JURISDICTION SERVICE OF ORIGINATING PROCESS (i) Permission not required: service within the UK (ii) Permission not required: service outside the UK (iii) Permission required: 2.81 - 2.86 OBTAINING PERMISSION TO SERVE OUT OF THE JURISDICTION: 2.87 - 2.89 PROCEDURAL STAGE AT WHICH INTERIM REMEDIES CAN BE GRANTED: 2.90 - 2.94 PROCEDURE ON AN INTERLOCUTORY APPLICATION FOR AN INTERIM REMEDY: 2.95 - 2.97 WITHOUT NOTICE APPLICATIONS: 2.98 - 108 FULL AND FRANK DISCLOSURE: 2.109 - 2.117 UNDERTAKINGS: 2.118 - 2.124 COURT’S POWER TO ENFORCE INTERIM REMEDIES AND UNDERTAKINGS: 2.125 - 2.129 Chapter 3: The Legal System and The General Rules for Preservation Measures in China INTRODUCTION The Civil Litigation Procedure System of China SOURCES OF LAW APPLICABLE FOR PRESERVAION MEASURES Legislation Legislation (I): General Laws Legislation (II): Special Laws Regulations Judicial Interpretations and Other Judicial Documents Guiding Case and Reference Case THE CHINESE COURT SYSTEM Overview of The Court System Preservations in The Court System HIERARCHICAL TRIAL SYSTEM TIER SYSTEM IN THE CONTEXT OF PRESERVAITON MEASURES PRESERVATION PROCEDURAL STEPS IN CHINA Meaning of Pre-action Preservation Application Meaning of Post-action Preservation Application General Procedural Steps for Preservation Measures Online Preservation System of the People’s Court Various types of Scenarios in the Context of Preservation Measures JURISDICTION OF COURTS FOR CIVIL PRESERVATION APPLICATIONS Court Tier Jurisdiction for Preservation Applications Tier Jurisdiction of Domestic Cases Tier Jurisdiction of Foreign-related Cases Tier Jurisdiction of Specialised Courts: Exclusive Jurisdiction Territorial Jurisdiction to Consider for Preservation Applications Agreed Jurisdiction Clauses in relation to Preservation Applications Overseas Cases – Chinese Court’s Jurisdiction over Preservation Applications Maritime Court’s Jurisdiction over Preservation Applications for Overseas Cases Choice of Venue if there are two competent Courts Jurisdiction for Preservation Applications after Completion of the First Instance Jurisdiction after Making an Effective Judgment or Award APPLICATION AND ENFORCEMENT OF COURT ORDERS OF MACAU, HONG KONG AND TAIWAN Macau and the Mainland Hong Kong and the Mainland Taiwan and the Mainland FORMAT OF THE PRESERVATION APPLICATIONS Written Format or Others Requirements as to Translation Requirements as to Notarisation and Legalisation Flexible Requirements as to Notarisation and Legalisation in IP Disputes SECURITY FOR APPLICATION OF PRESERVATIONS Overview of Security for Application of Preservations Security for Maritime Preservation Measure Applications Countersecurity of the Respondent Types of Security or Countersecurity Property Security(I): Scope of Security Property Security (II): Nature and Steps of Property Security Property Security (III): Legal Effect of Property Security Cash Security (I): Introduction Cash Security (II): Payment Method Cash Security (III): Nature of Cash Security A letter of guarantee (Credit Guarantee) (I): Introduction A Letter of Guarantee (II): Lack of Unified Rule A Letter of Guarantee (III): Development of Credit Guarantee A Letter of Guarantee (IV): Maritime Law Domain A Letter of Guarantee (V): Online Guarantee Exemptions from Providing Security The Scope of Application of Preservation Security Guidance LEGAL COSTS IN PRESERVATION APPLICATIONS General Legal Costs Insurance Fee for Security of Preservation Lawyer’s Fee The Burden of Legal Costs and Application Fees THE TIME LIMIT FOR RENDERING ORDERS LEGAL REMEDIES AGAINST AN ORDER (I): THE SUBJECT OF REMEDIES Concept of Interested Party and Outside Party</P&gt
• Edition: 1st
• Publisher Details: Abingdon : Informa Law from Routledge
• Publication Date: 2022
• Extent: 1 online resource, illustrations (black and white)
• Subjects: 347.42077; Provisional remedies -- China; Provisional remedies -- England; Provisional remedies -- Wales
• Languages: English
• ISBNs: 9781000579710; 9781000579673; 9781003000310
• Related ISBNs: 9780367429430
• Notes: Note: Includes bibliographical references and index.; Note: Description based on CIP data; resource not viewed.
• Access Rights: Legal Deposit; Only available on premises controlled by the deposit library and to one user at any one time; The Legal Deposit Libraries (Non-Print Works) Regulations (UK).
• Access Usage: Restricted: Printing from this resource is governed by The Legal Deposit Libraries (Non-Print Works) Regulations (UK) and UK copyright law currently in force.