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

Provides a comparative analysis of civil procedures in the world's four Chinese-speaking jurisdictions.
Brings together the experiences and insights of leading young proceduralists from the four Chinese-speaking jurisdictions.
Traces the legal historical roots of the four Chinese-speaking jurisdictions and examines how these roots impact their current procedural laws.

It offers a focused academic discussion on the interrelations between court structures and case management (the macro view) as well as the case management tools that work well in the specific case (the micro view) It covers nine jurisdictions (in Europe, Asia and the Americas) that have different legal traditions It provides updates on the development of case management from international trends to local experiences It addresses the role of technology in case management, which is a pivotal topic in civil justice today It explains how the legal historical backgrounds of some jurisdictions covered influenced the contemporary landscapes of case management It includes specific recommendations on improvements in case management that can be adopted in each jurisdiction and common suggestions that are applicable to all jurisdictions

Auteur

Dr. Peter C.H. Chan is an Assistant Professor at the School of Law, City University of Hong Kong. His main research areas are comparative civil procedure, Chinese law, law and society, empirical legal studies and ADR. His work has appeared in the Hastings Law Journal, the Legal History Review (Tijdschrift voor Rechtsgeschiedenis), Judicature and a number of leading comparative civil procedure volumes. Peter is a member of the International Association of Procedural Law and an Invited Fellow of the Maastricht European Private Law Institute.

C.H. van Rhee is a professor of law at Maastricht University in the Netherlands. He publishes extensively on comparative civil procedure, court organisation and the history of courts and procedure.

Contenu
Introduction.- Comparing the Civil Court Structures of Mainland China, Taiwan, Hong Kong and Macau From A Case Management Perspective.- Case Management from a Comparative Perspective.- The Unified System of Adjudication and Administration of Chinese Courts.- Taiwan's Court Structure from a Case Management Perspective.- The Civil Court Structure in Hong Kong.- The Formal Adequacy Principle from the Perspective of Judicial Case Management: Macau.- The Litigation Superpower's Case Management Cure for Adversarial Ills.- Framing the Structure of the Court System from a Case Management Perspective: New trends in Brazilian Law.- Structure of the Court System and Case Management: Lessons from England & Wales.- Framing the Structure of Court Systems from a Case Management Perspective: Lessons from Hungary.- In Search of Efficiency: Court Structure and Case Management in Croatia.- A Brief Note on the Application of Information and Communication Technology in Civil Judicial Case Management.- A Prospective Court-Connected Mandatory Mediation Regime in Macau: A Brief Note.