Electronic Evidence In Civil And Commercial Dispute Resolution

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Electronic Evidence in Civil and Commercial Dispute Resolution

Author : Quynh Anh Tran
Publisher :
ISBN 13 : 9783031185731
Total Pages : 0 pages
Book Rating : 4.1/5 (857 download)

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Book Synopsis Electronic Evidence in Civil and Commercial Dispute Resolution by : Quynh Anh Tran

Download or read book Electronic Evidence in Civil and Commercial Dispute Resolution written by Quynh Anh Tran and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal proceedings with the use of modern technology in all areas of criminal and civil procedures. This book focuses on the current provisions of UNCITRAL, the European Union, Germany and Vietnam concerning electronic evidence in civil and commercial dispute resolution. It analyses the notion and the basic aspects of evidence and electronic evidence and explores the process of finding electronic evidence. Further, it discusses how the effectiveness of finding electronic evidence can be reconciled with a respect for fundamental rights, in particular with personal privacy and personal data protection. The book subsequently addresses the authentication and admissibility of electronic evidence; the evaluation of electronic evidence and the burden of proof; and the challenges of using electronic evidence in civil and commercial dispute resolution. Finally, it puts forward proposals for promoting the use of electronic evidence in these contexts. As the book focuses on the current texts of UNCITRAL and the civil procedure legislation of the European Union, Germany and Vietnam, it relies on a comparative method which deals with the most significant provisions of the above legislation.

Dimensions of Evidence in European Civil Procedure

Author : Vesna Rijavec
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041166653
Total Pages : 450 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 450 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.

Electronic Evidence

Author : Stephen Mason
Publisher :
ISBN 13 : 9781405749121
Total Pages : 812 pages
Book Rating : 4.7/5 (491 download)

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Book Synopsis Electronic Evidence by : Stephen Mason

Download or read book Electronic Evidence written by Stephen Mason and published by . This book was released on 2010 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: Electronic evidence is now recognised as the main source of evidence worldwide. It affects every aspect of law, criminal and civil, and with the internet, is even more important for all lawyers to understand and apply to daily practice.Electronic Evidence Second edition provides you with essential guidance on how to understand electronic evidence and how to use this successfully in litigation and other means of dispute resolution.This title brings together all the issues relating to disclosure, procedure and admissibility of electronic evidence as well as comprehensive coverage of jurisdictions including Australia, Canada, the UK, Hong Kong, India, New Zealand, Singapore, South Africa and the USA.Key benefits:* Currently the only text available on this subject * Enables you to advise on electronic evidence confidently * Covers the complexities and types of electronic evidence in one source, and also makes suggestions for further reading on more technical issues, to save you time * Ensures compliance with procedures and duties to the court for the disclosure of electronic evidence * Includes coverage of key foreign jurisdictions and a glossary to ease understanding New to this edition:* Chapter on the practical management of digital evidence * Chapter on presumptions and digital evidence considering some false assumptions about digital evidence that have a direct bearing on the legitimacy of some findings * Fully updated material on the jurisdictions covered, including case law and legislation

Electronic Evidence in Civil and Commercial Dispute Resolution

Author : Quynh Anh Tran
Publisher : Springer Nature
ISBN 13 : 3031185722
Total Pages : 305 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis Electronic Evidence in Civil and Commercial Dispute Resolution by : Quynh Anh Tran

Download or read book Electronic Evidence in Civil and Commercial Dispute Resolution written by Quynh Anh Tran and published by Springer Nature. This book was released on 2022-12-07 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal proceedings with the use of modern technology in all areas of criminal and civil procedures. This book focuses on the current provisions of UNCITRAL, the European Union, Germany and Vietnam concerning electronic evidence in civil and commercial dispute resolution. It analyses the notion and the basic aspects of evidence and electronic evidence and explores the process of finding electronic evidence. Further, it discusses how the effectiveness of finding electronic evidence can be reconciled with a respect for fundamental rights, in particular with personal privacy and personal data protection. The book subsequently addresses the authentication and admissibility of electronic evidence; the evaluation of electronic evidence and the burden of proof; and the challenges of using electronic evidence in civil and commercial dispute resolution. Finally, it puts forward proposals for promoting the use of electronic evidence in these contexts. As the book focuses on the current texts of UNCITRAL and the civil procedure legislation of the European Union, Germany and Vietnam, it relies on a comparative method which deals with the most significant provisions of the above legislation.

Commercial Dispute Resolution 2020

Author : Mike Waring
Publisher : College of Law Publishing
ISBN 13 : 1913226379
Total Pages : 528 pages
Book Rating : 4.9/5 (132 download)

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Book Synopsis Commercial Dispute Resolution 2020 by : Mike Waring

Download or read book Commercial Dispute Resolution 2020 written by Mike Waring and published by College of Law Publishing . This book was released on 2020-02-01 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Dispute Resolution provides a thorough, up-to-date and practical examination of how litigation is conducted between commercial enterprises under the Civil Procedure Rules. The text also provides practical guidance on conducting commercial litigation involving a foreign element and explores the increasingly popular use of ADR.

Commercial Dispute Resolution 2018

Author : Mike Waring
Publisher : College of Law Publishing
ISBN 13 : 1912363224
Total Pages : 605 pages
Book Rating : 4.9/5 (123 download)

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Book Synopsis Commercial Dispute Resolution 2018 by : Mike Waring

Download or read book Commercial Dispute Resolution 2018 written by Mike Waring and published by College of Law Publishing . This book was released on 2018-01-22 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Dispute Resolution provides a thorough, up-to-date and practical examination of how litigation is conducted between commercial enterprises under the Civil Procedure Rules. The text also provides practical guidance on conducting commercial litigation involving a foreign element and explores the increasingly popular use of ADR.

Commercial Dispute Resolution

Author : Michael Waring (solicitor.)
Publisher :
ISBN 13 : 9781905391028
Total Pages : 259 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Commercial Dispute Resolution by : Michael Waring (solicitor.)

Download or read book Commercial Dispute Resolution written by Michael Waring (solicitor.) and published by . This book was released on 2006 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Dispute Resolution provides a thorough, up-to-date and practical examination of how litigation is conducted between commercial enterprises under the Civil Procedure Rules. The text also provides practical guidance on conducting commercial litigation involving a foreign element, and explores the increasingly popular use of ADR. This new edition has been fully updated to cover all recent developments and includes important new cases in the key areas of ADR (Burchell v Bullard), jurisdiction (JP Morgan v Primacom) and Part 36 (Trustees of Stokes Pension Fund v Western Power Distribution). Other important topics covered include European Enforcement Orders, the Protocol for the Instruction of Experts, and a new practice direction on the disclosure of electronic documents. The detailed appendices include checklists, skeleton arguments and specimen orders.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Electronic Evidence in Civil and Administrative Proceedings

Author : Conseil de l'Europe
Publisher :
ISBN 13 : 9789287189288
Total Pages : 29 pages
Book Rating : 4.1/5 (892 download)

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Book Synopsis Electronic Evidence in Civil and Administrative Proceedings by : Conseil de l'Europe

Download or read book Electronic Evidence in Civil and Administrative Proceedings written by Conseil de l'Europe and published by . This book was released on 2019 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Digital Justice

Author : Ethan Katsh
Publisher : Oxford University Press
ISBN 13 : 0190464593
Total Pages : 352 pages
Book Rating : 4.1/5 (94 download)

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Book Synopsis Digital Justice by : Ethan Katsh

Download or read book Digital Justice written by Ethan Katsh and published by Oxford University Press. This book was released on 2017-03-09 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1508 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 1952 with total page 1508 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Evidence for Practitioners

Author : Peter R. Hibbert
Publisher :
ISBN 13 : 9781908013156
Total Pages : 470 pages
Book Rating : 4.0/5 (131 download)

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Book Synopsis Civil Evidence for Practitioners by : Peter R. Hibbert

Download or read book Civil Evidence for Practitioners written by Peter R. Hibbert and published by . This book was released on 2014-05-21 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Civil Evidence for Practitioners is a practical, hands-on textbook on civil evidence. It clearly explains the evidential issues that apply at each stage of a civil litigation action and offers best practice advice on the steps that should be taken and what actions should be avoided. The book now has a major new chapter on e-disclosure, dealing with the project management of the disclosure of electronically stored information, including identification of sources of digital evidence, preservation, collection and review of data, together with templates for the preparation of cost estimates for the e-disclosure process. There is also a brand new chapter on offensive and defensive strategies in the context of disclosure applications. This chapter examines the tactics for making and resisting pre-action and interim applications for disclosure to maximum advantage.

New Developments in Civil and Commercial Mediation

Author : Carlos Esplugues
Publisher : Springer
ISBN 13 : 3319181351
Total Pages : 762 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis New Developments in Civil and Commercial Mediation by : Carlos Esplugues

Download or read book New Developments in Civil and Commercial Mediation written by Carlos Esplugues and published by Springer. This book was released on 2015-09-11 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: By means of the analysis of more than 20 national jurisdictions of different legal and geographical origin this book provides a general understanding of the developments that civil and commercial mediation is currently undertaking across the world. The book combines 25 national reports with a General Report analyzing the major trends in civil and commercial mediation worldwide. A number of the key variables that make mediation so effective are studied in depth in the book. The concept of mediation, that varies from country to country. Its legal framework and the branches of public and private law in which it is used. The legal condition of the mediation agreement and its relevant conditions of form and content, the responsibilities of the parties in the event that they violate this agreement and the effects of this agreement on potential recourse to the courts or to arbitration, as well as with regard to pending cases. As well as the role played by the mediator, his or her appointment or designation, legal and ethical responsibilities, and the role of institutions in mediation. As well as the mediation process, its applicable rules and principles and its costs are analyzed on comparative basis. The book also pays special attention to the outcome of mediation. The enforceability of the settlement reached both in domestic and cross-border mediations constitutes a basic element for the success of the institution and is thoroughly studied. This volume constitutes a unique instrument for those interested on mediation, either practitioners, judges or academics.

Online Dispute Resolution

Author : Gabrielle Kaufmann-Kohler
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123180
Total Pages : 406 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Online Dispute Resolution by : Gabrielle Kaufmann-Kohler

Download or read book Online Dispute Resolution written by Gabrielle Kaufmann-Kohler and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world governed by speed, the Internet plays a growing role in many of today's innovations, and the resolution of disputes using electronic means of communication may soon be part of everyday legal practice. This book offers a survey of the current state of play in online dispute resolution, from the methods and information technology currently in use to the range of regulatory solutions proposed by shareholders. Taking their analysis a step further, the authors also address this new field's most pressing issues, including possible amendments of existing legislation, treaties, and arbitration and other ADR rules. Online Dispute Resolution: Challenges for Contemporary Justice is an in-depth study of online dispute resolution today, discussing among other topics: the different methods of ODR; fields of use; ways to bring parties to online dispute resolution; validity and effects of clauses entered into online and providing for online mediation or arbitration; issues surrounding electronic communications and evidence in arbitration; and, enforcement of online dispute resolution outcomes, both through court proceedings and built-in enforcement mechanisms. This book also covers issues related to security and e-commerce in general. As a special feature, it contains a section on existing online dispute resolution providers, complete with interviews and statistics. Online Dispute Resolution: Challenges for Contemporary Justice is a significant resource for legal counsel, to arbitral institutions, ODR and ADR service providers, governments and governmental and non-governmental organizations, as well as to those with a more academic interest. This book will provide a greater understanding of online dispute resolution to persons in the fields of arbitration and ADR, e-commerce, intellectual property, civil procedure, international law, international trade and commerce, and information technology.

Evidence and the Litigation Process

Author : Jeffrey Pinsler
Publisher :
ISBN 13 : 9789814892377
Total Pages : 1183 pages
Book Rating : 4.8/5 (923 download)

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Book Synopsis Evidence and the Litigation Process by : Jeffrey Pinsler

Download or read book Evidence and the Litigation Process written by Jeffrey Pinsler and published by . This book was released on 2020 with total page 1183 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Online Arbitration in Theory and in Practice

Author : Ihab Abdel Salam Amro
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527524566
Total Pages : 286 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Online Arbitration in Theory and in Practice by : Ihab Abdel Salam Amro

Download or read book Online Arbitration in Theory and in Practice written by Ihab Abdel Salam Amro and published by Cambridge Scholars Publishing. This book was released on 2019-01-08 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an overview of online arbitration and electronic contracting worldwide, examining their national and international contexts, and assessing their ongoing relevance. It offers solutions to the salient challenges facing both online arbitration and electronic contracting, dealing first–hand with online arbitration as an online dispute resolution technique for solving both traditional and electronic commerce disputes that may arise out of the breach of contractual obligations in international commercial contracts, while also comparing between common law and civil law countries. In the theory of law, this book analyses the international legal framework that regulates e–commerce, and its impact on electronic contracting, including Model Laws and International Conventions such as the Model Law on Electronic Commerce of 1996 and the Electronic Communications Convention of 2005. It also investigates whether the UN Convention on Contracts for the International Sale of Goods of 1980 ‘The CISG’ applies to e–commerce contracts. In addition, it extensively examines the possibility for the enforcement of online arbitration agreements and online arbitral awards under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Regarding the practice of law, the volume examines how national courts apply both national laws and the New York Convention of 1958 when dealing with the enforcement of online arbitration agreements, and whether courts apply the provisions of national laws of arbitration liberally. As such, it encourages the adoption of a more liberal judicial regime in favour of the enforcement of online arbitral awards and online arbitration agreements in national courts. This book represents a valuable resource for academics, arbitrators, practicing lawyers, corporate counsels, law students, researchers, and professionals who are willing to solve their cross–border commercial disputes through online arbitration.

Law, Technology and Dispute Resolution

Author : Riikka Koulu
Publisher : Routledge
ISBN 13 : 1351370391
Total Pages : 258 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Law, Technology and Dispute Resolution by : Riikka Koulu

Download or read book Law, Technology and Dispute Resolution written by Riikka Koulu and published by Routledge. This book was released on 2018-09-24 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of new information and communication technologies both inside the courts and in private online dispute resolution services is quickly changing everyday conflict management. However, the implications of the increasingly disruptive role of technology in dispute resolution remain largely undiscussed. In this book, assistant professor of law and digitalisation Riikka Koulu examines the multifaceted phenomenon of dispute resolution technology, focusing specifically on private enforcement, which modern technology enables on an unforeseen scale. The increase in private enforcement confounds legal structures and challenges the nation-state’s monopoly on violence. And, in this respect, the author argues that the technology-driven privatisation of enforcement – from direct enforcement of e-commerce platforms to self-executing smart contracts in the blockchain – brings the ethics of law’s coercive nature out into the open. This development constitutes a new, and dangerous, grey area of conflict management, which calls for transparency and public debate on the ethical implications of dispute resolution technology.