Civil Procedure In Portugal

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Civil Procedure in Portugal

Author : Alexandre Dias Pereira
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352278X
Total Pages : 174 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Civil Procedure in Portugal by : Alexandre Dias Pereira

Download or read book Civil Procedure in Portugal written by Alexandre Dias Pereira and published by Kluwer Law International B.V.. This book was released on 2024-05-17 with total page 174 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Portugal. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules. The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Portugal will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

International Civil Procedure

Author : World Law Group Member Firms
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041120947
Total Pages : 860 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Civil Procedure by : World Law Group Member Firms

Download or read book International Civil Procedure written by World Law Group Member Firms and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 860 pages. Available in PDF, EPUB and Kindle. Book excerpt: A desk reference for lawyers and their clients faced with the prospect of litigation in foreign jurisdictions, this book is a guide to the civil procedure rules and practices in thirty-two major countries and in the European Community. Local rules relating to arbitration and, where available, mediation are also covered.

Principles of Transnational Civil Procedure

Author : American Law Institute
Publisher : Cambridge University Press
ISBN 13 : 9780521706148
Total Pages : 242 pages
Book Rating : 4.7/5 (61 download)

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Book Synopsis Principles of Transnational Civil Procedure by : American Law Institute

Download or read book Principles of Transnational Civil Procedure written by American Law Institute and published by Cambridge University Press. This book was released on 2007-01-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ALI (American Law Institute) and UNIDROIT (the International Institute for the Unification of Private Law) are preeminent organizations working together toward the clarification and advancement of the procedural rules of law. Recognizing the need for a “universal” set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles of Transnational Civil Procedure was launched to create a set of procedural rules and principles that would be adopted globally. This work strives to reduce uncertainty for parties that must litigate in unfamiliar surroundings and to promote fairness in judicial proceedings. As recognized standards of civil justice, Principles of Transnational Civil Procedure can be used in judicial proceedings as well as in arbitration. The result is a work that significantly contributes to the promotion of a universal rule of procedural law. The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and law professors. Their recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute. UNIDROIT was founded in 1926 as a specialized agency of the League of Nations. It exists as an independent intergovernmental organization on the basis of a multilateral agreement, the UNIDROIT Statute. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private laws between states and groups of states and to prepare legislative texts for consideration by governments.

Review of Civil Litigation Costs

Author : Great Britain. Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 pages
Book Rating : 4.0/5 (64 download)

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Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice

Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.

International Cooperation in Litigation: Europe

Author : H Smit
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004633847
Total Pages : 520 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis International Cooperation in Litigation: Europe by : H Smit

Download or read book International Cooperation in Litigation: Europe written by H Smit and published by Martinus Nijhoff Publishers. This book was released on 1965-07 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Procedure

Author : Law Society of Upper Canada. Bar Admission Course
Publisher : Brill Archive
ISBN 13 :
Total Pages : 274 pages
Book Rating : 4./5 ( download)

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Book Synopsis Civil Procedure by : Law Society of Upper Canada. Bar Admission Course

Download or read book Civil Procedure written by Law Society of Upper Canada. Bar Admission Course and published by Brill Archive. This book was released on 1983 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dimensions of Evidence in European Civil Procedure

Author : Vesna Rijavec
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 388 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Dimensions of Evidence in European Civil Procedure by : Vesna Rijavec

Download or read book Dimensions of Evidence in European Civil Procedure written by Vesna Rijavec and published by Kluwer Law International B.V.. This book was released on 2015-12-29 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

Civil Case Management in the Twenty-First Century: Court Structures Still Matter

Author : Peter C.H. Chan
Publisher : Springer Nature
ISBN 13 : 9813345128
Total Pages : 204 pages
Book Rating : 4.8/5 (133 download)

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Book Synopsis Civil Case Management in the Twenty-First Century: Court Structures Still Matter by : Peter C.H. Chan

Download or read book Civil Case Management in the Twenty-First Century: Court Structures Still Matter written by Peter C.H. Chan and published by Springer Nature. This book was released on 2021-02-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

Cost and Fee Allocation in Civil Procedure

Author : Mathias Reimann
Publisher : Springer Science & Business Media
ISBN 13 : 940072263X
Total Pages : 312 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Cost and Fee Allocation in Civil Procedure by : Mathias Reimann

Download or read book Cost and Fee Allocation in Civil Procedure written by Mathias Reimann and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Supplemental Damages in Private International Law:The Awarding of Interest, Attorneys' Fees and Costs, Punitive Damages and Damages in Foreign Currency Examined in the Comparative and International Context

Download Supplemental Damages in Private International Law:The Awarding of Interest, Attorneys' Fees and Costs, Punitive Damages and Damages in Foreign Currency Examined in the Comparative and International Context PDF Online Free

Author : John Gotanda
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041106456
Total Pages : 262 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Supplemental Damages in Private International Law:The Awarding of Interest, Attorneys' Fees and Costs, Punitive Damages and Damages in Foreign Currency Examined in the Comparative and International Context by : John Gotanda

Download or read book Supplemental Damages in Private International Law:The Awarding of Interest, Attorneys' Fees and Costs, Punitive Damages and Damages in Foreign Currency Examined in the Comparative and International Context written by John Gotanda and published by Kluwer Law International B.V.. This book was released on 1998-12-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Supplemental Damages in Private International Law guides the reader through complex damages issues and their treatment around the glove. This is the first contemporary book to exclusively and comprehensively examine issues and problems presented in determining compensatory interest, moratory interest, damages in the comparative and international context, and issues arising from the awarding of damages in foreign currency. Attorneys, arbitrators, judges, and scholars will value Supplemental Damages in Private International Law as a timesaving, one-stop resource on how different legal systems address damages issues.

Transfer Pricing and Developing Economies

Author : Joel Cooper
Publisher : World Bank Publications
ISBN 13 : 1464809704
Total Pages : 275 pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Transfer Pricing and Developing Economies by : Joel Cooper

Download or read book Transfer Pricing and Developing Economies written by Joel Cooper and published by World Bank Publications. This book was released on 2017-01-05 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have seen unprecedented public scrutiny over the tax practices of Multinational Enterprise (MNE) groups. Tax policy and administration concerning international transactions, aggressive tax planning, and tax avoidance have become an issue of extensive national and international debate in developed and developing countries alike. Within this context, transfer pricing, historically a subject of limited specialist interest, has attained name recognition amongst a broader global audience that is concerned with equitable fiscal policy and sustainable development. Abusive transfer pricing practices are considered to pose major risk to the direct tax base of many countries and developing countries are particularly vulnerable because corporate tax tends to account for a larger share of their revenue. This handbook is part of the wider WBG engagement in supporting countries with Domestic Resource Mobilization (DRM) by protecting their tax base and aims to cover all relevant aspects that have to be considered when introducing or strengthening transfer pricing regimes. The handbook provides guidance on analytical steps that can be taken to understand a country’s potential exposure to inappropriate transfer pricing (transfer mispricing) and outlines the main areas that require attention in the design and implementation of transfer pricing regimes. A discussion of relevant aspects of the legislative process, including the formulation of a transfer pricing policy, and the role and content of administrative guidance, is combined with the presentation of country examples on the practical application and implementation of the arm’s length principle and on running an effective transfer pricing audit program. Recognizing the importance of transfer pricing regulation and administration for the business environment and investor confidence, this handbook aims to balance the general objective of protecting a country’s tax base and raising additional revenue with investment climate considerations wherever appropriate.

Portugal

Author : International Monetary Fund. European Dept.
Publisher : International Monetary Fund
ISBN 13 : 1475545312
Total Pages : 130 pages
Book Rating : 4.4/5 (755 download)

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Book Synopsis Portugal by : International Monetary Fund. European Dept.

Download or read book Portugal written by International Monetary Fund. European Dept. and published by International Monetary Fund. This book was released on 2013-01-18 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mounting funding pressures has tipped Portugal into an acute economic crisis in 2011. The roots of the crisis could be traced to Portugal’s failure to adapt to the rigors of monetary union. With economic institutions, policies, and incentives ill-adapted to the opportunities, Portugal’s external stability risks also rose gradually. However, the current account has improved substantially with financial imbalances being corrected across private and public sectors. Fiscal adjustment also made substantial progress, while structural reforms have been progressing.

International Arbitration in Portugal

Author : André Pereira da Fonseca,
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506431
Total Pages : 672 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Arbitration in Portugal by : André Pereira da Fonseca,

Download or read book International Arbitration in Portugal written by André Pereira da Fonseca, and published by Kluwer Law International B.V.. This book was released on 2020-08-19 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parties to cross-border disputes arising anywhere in the vast Portuguese-speaking world – a community of more than 230 million in a space that offers a wide array of investment opportunities across four continents – increasingly seek Portugal as their preferred seat of arbitration. A signatory to all relevant international conventions, Portugal has proven to be an ‘arbitration-friendly’ jurisdiction. This volume is the first and so far only book in English that provides a thorough, in-depth analysis of international arbitration law and practice in Portugal. Its contributing authors are among the most highly regarded legal names in the country, including scholars, arbitrators, and practitioners. The authors describe how international arbitration proceedings are conducted in Portugal, what cautions should be taken, and what procedural strategies may be suitable in particular cases. They provide insightful answers to questions such as the following: What matters can be submitted to arbitration under Portuguese law? What are the validity requirements for an arbitration agreement? How do the State courts interact with arbitration proceedings and what is the attitude of such courts toward international arbitration? What are the rules governing evidentiary matters in arbitration? How is an arbitration tribunal constituted? How are arbitrators appointed? How may they be challenged? How can an international arbitral award be recognized and enforced? How does the Portuguese legal system address the issue of damages and what specific damages are admitted? How are the costs of arbitration proceedings estimated and allocated? The book includes analyses of arbitration related to specific fields of the law, notably sports, administrative, tax, intellectual property rights (especially regarding reference and generic medicines), and corporate disputes. Each chapter provides, for the topics it addresses, an examination of the applicable laws, rules, arbitration practice, and views taken by arbitral tribunals and state courts as well as those of the most highly considered scholars. As a detailed examination of the legal framework and of all procedural steps of an arbitration in Portugal, from the drafting of an arbitration agreement to the enforcement of an award, this book constitutes an invaluable resource for parties involved in or considering an international arbitration in this country. The guidance that it seeks to provide in respect of any problem likely to arise in this context can be useful to arbitrators, judges, academics, and interested lawyers.

Yearbook Commercial Arbitration, Volume XLVIII (2023)

Author : Stephan W. Schill
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403501588
Total Pages : 825 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Yearbook Commercial Arbitration, Volume XLVIII (2023) by : Stephan W. Schill

Download or read book Yearbook Commercial Arbitration, Volume XLVIII (2023) written by Stephan W. Schill and published by Kluwer Law International B.V.. This book was released on 2023-12-11 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community. With arbitral awards being published in the newly founded ICCA Awards Series as of 2023, the Yearbook now focuses on court decisions that either apply the principal arbitration conventions or are of general interest to the practice of international arbitration and comes with the addition of new indexes to facilitate research. Volume XLVIII (2023) includes: • excerpts of fifty-three decisions applying the 1958 New York Convention from 21 countries indexed by Convention topics • excerpts from eight decisions applying the 1965 ICSID Convention and the 1975 Panama Convention • excerpts from fifty-nine decisions of general interest to the practice of international arbitration: forty-nine recent decisions of the Singapore International Commercial Court, as well as ten decisions rendered by the courts of Canada, France, Germany, and India, and by the European Court of Human Rights • two new indexes covering all reported decisions: a Table of Instruments and an Index by Subject Matter • announcements of new and amended arbitration rules, and recent developments in arbitration law and practice • an extensive Bibliography of recent books and journals on arbitration • a Compendium of Arbitral Awards Published in the Yearbook 1976 – 2022, concluding the Yearbook cycle of awards publication. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world’s leading organization representing practitioners and academics in the field of international arbitration, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, businesspeople and scholars involved in the practice and study of international arbitration.

Family and Succession Law in Portugal

Author : Guilherme de Oliveira
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403537469
Total Pages : 380 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Family and Succession Law in Portugal by : Guilherme de Oliveira

Download or read book Family and Succession Law in Portugal written by Guilherme de Oliveira and published by Kluwer Law International B.V.. This book was released on 2023-05-20 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this concise exposition and analysis of the essential elements of law with regard to family relations, marital property, and succession to estates in Portugal covers the legal rules and customs pertaining to the intertwined civic status of persons, the family, and property. After an informative general introduction, the book proceeds to an in-depth discussion of the sources and instruments of family and succession law, the authorities that adjudicate and administer the laws, and issues surrounding the person as a legal entity and the legal disposition of property among family members. Such matters as nationality, domicile, and residence; marriage, divorce, and cohabitation; adoption and guardianship; succession and inter vivos arrangements; and the acquisition and administration of estates are all treated to a degree of depth that will prove useful in nearly any situation likely to arise in legal practice. The book is primarily designed to assist lawyers who find themselves having to apply rules of international private law or otherwise handling cases connected with Portugal. It will also be of great value to students and practitioners as a quick guide and easy-to-use practical resource in the field, and especially to academicians and researchers engaged in comparative studies by providing the necessary, basic material of family and succession law.

International Agency and Distribution Law [2009] - III

Author : Dennis Campbell
Publisher : Lulu.com
ISBN 13 : 055709075X
Total Pages : 638 pages
Book Rating : 4.5/5 (57 download)

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Book Synopsis International Agency and Distribution Law [2009] - III by : Dennis Campbell

Download or read book International Agency and Distribution Law [2009] - III written by Dennis Campbell and published by Lulu.com. This book was released on 2009-08-12 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2009 RELEASE: "International Agency and Distribution Law", a three-volume set with more than 1,800 pages, examines countries in North and South America, Asia and the Pacific, the Middle East, and Europe and their laws affecting the sale of goods through use of local agents and distributors, addressing issues relating to distribution contracts, employment, tax liabilities, liability for the acts of the agent, and dispute resolution. The reports are prepared by local business practitioners. Order volumes I and II to complete the set. The publication is replaced by updated volumes annually. A 10%%%% discount applies to a subscription for next year's update. A 25%%%% discount applies to a subscription for three years of updates. Discounts are applied after purchase by rebate from publisher.

The Reception and Transmission of Civil Procedural Law in the Global Society

Author : Masahisa Deguchi
Publisher : Garant
ISBN 13 : 904660151X
Total Pages : 361 pages
Book Rating : 4.0/5 (466 download)

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Book Synopsis The Reception and Transmission of Civil Procedural Law in the Global Society by : Masahisa Deguchi

Download or read book The Reception and Transmission of Civil Procedural Law in the Global Society written by Masahisa Deguchi and published by Garant. This book was released on 2008 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In modern times, the civil procedural laws of every country have been influenced by those of other countries. For instance, the Japanese legal system was itself influenced by Chinese culture and later developed independently under the policy of national isolation. And since 1868, Japan has modernized its civil procedural law, using French, German, and American law as its models. Japan has recently tried to contribute by way of legislative and legal educational assistance to other Asian countries (Vietnam, Cambodia, etc.) in civil and procedural law. The civil procedural laws of different countries should be expected to harmonize with each other in the global society. This book is the outcome of the Congress of the International Association of Procedural Law at the Ritsumeikan University in Kyoto, Japan. In this book, various outstanding contributors are treating a contemporary legal problem in their own civil procedural systems, including examples from India, the Netherlands, Korea, Italy, China, Japan, etc.