Access to Evidence in Civil Procedure: European Law and Practice (Elgar Litigation Series)

This book explores whether a party that lacks access to evidence which may be relevant to a legal dispute has the right to obtain access if it is in the possession of the opposite party or a third party. As the approach varies from country to country, expert contributors describe and compare the rules of selected European jurisdictions to consider whether these differences are as radical as they seem at first glance.

Key Features:

• Comparative analysis of country-specific regulations including the ELI/UNIDROIT Model Rules on European Civil Procedure
• Information on the minimum standard for disclosure found in EU directives and necessary changes in national law
• Coverage of arbitration proceedings and international coordination, particularly in relation to the use of the rules of US discovery for legal disputes in other countries
• Detailed discussion of access to information and evidence in selected European countries, as well as the implementation of EU directives regarding access to information and evidence

Access to Evidence in Civil Procedure is a crucial resource for legal practitioners in European civil litigation arbitration and dispute resolution. It is also a beneficial read for scholars and students studying European private international law for its valuable practical and theoretical insights.

Edited by Fernando Gascón Inchausti, Professor and Chair in Procedural Law, Complutense University of Madrid, Spain, Astrid Stadler, Professor and Chair of Private Law, Civil Procedure Law, Private International Law and Comparative Law, University of Konstanz, Germany and Magne Strandberg, Professor and Vice Dean, Faculty of Law, University of Bergen, Norway