This is the second volume of a book series devoted to the discussion of current topics of transnational civil procedure. The contributors of this volume seek to advance discussions on the harmonization of transnational civil procedures analyzing its key areas from a national and comparative perspective.
The second volume of a book series devoted to the discussion of current topics of transnational civil procedure focusing mainly on the field of business disputes. This second book is based on two international symposia that took place in Freiburg, Germany and Nagoya, Japan. The contributions discuss comparative aspects of the Law of Contracts and Contract Litigation, International Arbitration, Jurisdiction in Transnational Litigation, Court's Responsibilities for determining Foreign Law, Special Case Management by Judges for Foreign Parties, the Role of the Judges and Party-Autonomy in Settlement Litigation as well as the Enforcement of Settlements. The symposia were part of an international research project for »Establishing a New Framework for Realizing Effective Transnational Business Litigation« created by Nagoya University in cooperation with the Japanese Society for the Promotion of Science and the University of Freiburg. The contributions analyze the laws of England, France, Germany, Italy, Finland, Greece, Hungary, Japan, Poland and the United States in important fields for transnational business litigation.
Table of contents:
Masanori Kawano: Comparative Study of Contract Litigation -
Masanobu Kato: One Phase of Japanese Contract Law -
Günter Hager: Traditional and Modern Theories of Contract Law -
Neil Andrews: Flexibility and Formality in Promise-Making: An Enduring Tension - An English Lawyer's Response to Professor Kato's Paper -
Masafumi Nakahigashi: Contracts on Mergers and Acquisitions in Japan -
Hanno Merkt: Takeover Regulations within the European Union -
Masanori Kawano: International Arbitration and State Court -
Rolf Stürner: The Process of Court Execution -
Peter L. Murray: The Role of American Courts in International Arbitration - Miklós Kengyel: Arbitration and State Courts in Hungarian Law -
Neil Andrews: The Framework of English Arbitration -
Dieter Leipold: Interim Protection before Arbitral Tribunals under German Law -
Gerhard Wagner: Provisional Measures in Arbitration Procedure -
Boris Niklas: The German 'Capital Markets Model Case Act' and Multi-Party Arbitration -
Peter L. Murray: Substantive Law in International Arbitration; An American Perspective -
Yuko Nishitani: Substantive Law in International Arbitration -
Laura Ervo: Substantive Law and the Newest Procedural Trends in Scandinavia -
Masanori Kawano: Effects of Arbitration Award -
Nicolò Trocker: Party-autonomy and Judicial Discretion in Transnational Litigation: The Problem of Jurisdictional Allocation in Comparative Perspective -
Masanori Kawano: Court Responsibilities for Determining Foreign Law -
Frederique Ferrand: Court's Responsibilities for Determining Foreign Law: The French Perspective -
Neil Andrews: English Civil Proceedings: Proof of Foreign Law -
Rolf Stürner: Special Case Management by Judges for Foreign Parties -
Marco de Cristofaro: Special Case Management by Judges, or Special Statutory Provisions for Handling Proceedings with Foreign Parties? -
Miklós Kengyel: Role of Judges in Transnational Litigation - Special Case Management by Judges for Foreign Parties -
Neil Andrews: Case Management in the English Commercial Court -
Masanori Kawano: Role of Judges and Party-autonomy in 'Settlement in Litigation' -
Peter Murray: The Role of American Judges in Alternative Dispute Resolution -
Neil Andrews: Settlement: The Dominant Form of Modern Civil Justice -
Laura Ervo: The Role of Judges and Party-autonomy in Settlement in Litigation - A Scandinavian Perspective -
Piotr Pogonowski: Role of Judges and Party-Autonomy in Settlement in Litigation -
Dimitri Maniotis: Role of Judges and Party Autonomy in Settlement Litigation (Greek Aspect) -
Yoshiro Kusano: The Role of Judges and Party-Autonomy in Settlement in Litigation - A Japanese Perspective -
Miklós Kengyel: The Role of Judges and Party-Autonomy in Settlement in Litigation - Hungarian Review -
Masanori Kawano: Effects of 'Settlement in Litigation' -
Dimitri Maniotis: Enforcement of Settlement
