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

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.

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.