Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation.
Auteur
Vivek Jain
Dr., Capt. Vivek Jain is currently a Director (Marine Services) of a well-renowned firm in Singapore, where he handles and pursues commercial and maritime international arbitrations in various International forums. He also handles large claims on behalf of clients of his firm on various marine insurance products. He has also been appointed as arbitrators on various commercial and maritime disputes and is also a Committee Member of arbitration institutions for number of years. As a result of nature of his work that involves cross-border litigation/arbitration work, he has developed an expertise in Comparative Law backed by pursuing Ph.D. from prestigious CUPL, Beijing in the topic of Comparative Analysis of Court's Pre-judgment Power in England & Wales and China. He has worked for many years in London, Shanghai, Hong Kong, Singapore in law firm and insurance companies as a lawyer.
He has qualified as a Barrister in England & Wales. He is also a Master Mariner (unlimited) UK and have worked on merchant ships including tankers and bulk carriers. He also taught Commercial and Maritime Law in University of Plymouth for a few years and regularly lectures on Comparative Law, Commercial Law & Maritime Law across the globe.
Over the years, he has pursued LL.B. (Hons.), LL.M. (Maritime Law) with merit from University of London, B.V.C. (Very Competent) (London), M.B.A. (Norway), PGC in Compliance (Singapore) PGCE (Singapore), B.Sc. (N. Sc.) (India) from a very selective & prestigious T.S. Rajendra College of Nautical Science. He has recently authored a book 'Common Law v Chinese Law'. He would like to be called as a 'problem solver' by his clients.
Thomas Macey-Dare Thomas Macey-Dare QC is an English commercial barrister and a member of Quadrant Chambers in London. He specialises in shipping, shipbuilding, energy, international trade, insurance and international arbitration. He is recognised as a leading practitioner by the Legal 500 in Commodities and Shipping, and by Chambers & Partners in Shipping & Commodities. He represents shipowners, commodity traders, shipyards, underwriters, salvors, energy companies, banks and other commercial clients, in the Business & Property Courts of England and Wales (Commercial Court, Admiralty Court & Chancery Division), the Court of Appeal, and international commercial arbitrations. He is particularly skilled at handling cases involving complex commercial transactions and technical expert issues. He also specialises in emergency applications for interim relief, including freezing and antisuit injunctions.
Tom was educated at Stonyhurst College, the University of Cambridge (BA (Hons) 1990, LLM 1991, MA 1994), Cornell Law School (LLM 1992), and the Inns of Court School of Law. He was called to the Bar of England and Wales in 1994 and appointed Queen's Counsel in 2018. He was admitted as an attorney in the State of New York in 1995. He is a registered foreign lawyer with the Singapore International Commercial Court and a member of the Middle Temple advocacy training faculty, the Commercial Bar Association and the New York State Bar Association.
Tom has written, co-authored and contributed to a number of legal books and articles, including Atkin's Court Forms, Vol 6(2): Arbitration (Lexis-Nexis Butterworths, 1998-2016), and Marsden & Gault on Collisions at Sea (14th Edn, Sweet & Maxwell, 2016).
Shengnan Jia Dr Shengnan Jia is a partner at a well-known Tahota Law Firm (Legal 500) based out of Beijing. She specialises in commercial law and maritime law. Over the years, she has disposed of many cases in the Supreme People's Court, High courts of different provinces in China and in various International arbitration forums. Dr. Jia holds memberships of professional arbitration forums such as HIAC, ZCIA (China), LMAA (London), CAS (Switzerland), EDAC (Turkey) and had been invited as a Chinese expert witness to submit an Expert Report to LCIA.
Dr Jia obtained her PhD degree in Commercial Maritime Law at the City Law School, University of London along with the first LLM in Civil and Commercial Law at Graduate School of Chinese Academy of Social Sciences and the second LLM in Maritime Law at Lund University and World Maritime University, Sweden. She had completed LLB in Law at Beijing Union University.
She had taught English contract law and land law as a graduate teaching assistant at the City Law School and also is a professional supervisor at prestigious University CUPL, Beijing, an adjunct lecturer at various other high profile institutions such as University of Southampton UK and Ankara University Turkey. She has contributed chapters to many legal profession books, such as Maritime Law in Motion (Springer), New Trends in Maritime Law: Maritime Liens, Arrest of Ships, Mortgages and Forced Sale (Thomson Reuters). She has also organized a few international commercial law and maritime law conferences in London and online seminars. Based on her practical experience and academic background, she has sufficient knowledge of comparative law, the legal culture and legal philosophy. In addition, Dr Jia founded China-Europe Commercial Collaboration Association (non-profit organization) aiming to promote collaboration between stakeholders along with founding Journal of Transnational and Chinese Maritime Law (ISSN: 2634-4777), Journal of Transnational and Chinese Commercial Law(ISSN: 2634-8209).
Contenu
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 Stag…