This first volume of a book series is designed to discuss current topics of transnational civil procedure. The contributions analyze areas of special significance for business litigation from a national and comparative perspective.
This book is the first volume of a series designed to discuss problems of transnational civil procedure. This first volume on current topics of international litigation is the result of an international symposium in Nagoya, Japan. The contributions discuss problems of provisional measures, international class actions, taking evidence abroad, and preclusive effects of foreign judgments. This first symposium in Nagoya, Japan, is a part of the international research project »Establishing a New Framework for Realizing Effective Transnational Business Litigation« which is sponsored by the Japanese Society for the Promotion of Science and organized by the University of Nagoya, Japan, in cooperation with the University of Freiburg, Germany. The contributions of this volume analyze the laws of England, Germany, Italy, Hungary, Finland, Japan and the United States in areas of special significance for international business litigation. Each chapter of the book contains not only the papers but also the discussions and comments of distinguished participants of the symposium from all over the world.
Survey of contents
Professor Shin-ichi Hirano, Professor Saburi Haruo, Professor Masanori Kawano: Opening of the Symposium
Chapter 1: Provisional Measures and Prohibitory Injunctions
Masanori Kawano: Provisional Measures for Prohibition of Actions: New Tendencies in Japan –
Neil H. Andrews: Accelerated Justice: Protective, Interim and Summary Procedures in English Law –
Marco de Cristofaro: Anti-suit Injunctions as a Tool for Governing Private Litigation –
Laura Ervo: Some Comments on Civil Provisional Measures to Prohibit Specific Actions According to Finnish Law – Discussion
Chapter 2: International Class Actions
Peter L. Murray: Class Actions in a Global Economy –
Rolf Stürner: International Class Actions from a German Point of View –
Laura Ervo: Class Actions: Scandinavian Novelties – Discussion
Chapter 3: Taking Evidence Abroad
Nicolò Trocker: Transnational Litigation, Access to Evidence and U. S. Discovery: Understanding American 'Exceptionalism' –
Peter L. Murray: Taking Evidence Abroad: Understanding American Exceptionalism –
Miklós Kengyel: Taking Evidence Abroad: Hungarian Aspects –
Laura Ervo: Taking Evidence Abroad According to Finnish Law – Discussion
Chapter 4: Preclusive Effects of Foreign Judgments
Rolf Stürner: Preclusive Effects of Foreign Judgments: The European Tradition –
Laura Ervo: Preclusive Effects of Foreign Judgments According to Finnish Law – Discussion
