Comparative Analysis of Interim Measures -: Interim Remedies (England & Wales) v Preservation Measures (China)

This book provides a comparative analysis of interim remedies and preservation measures in England & Wales and China,covering the law and practice in both jurisdictions. It highlights the differences between the two legal systems and incorporates the latest developments in Chinese law. It is an important resource for industry professionals, academics, policy-makers and government officials involved in cross-border litigation.

Format: Hardback
Length: 628 pages
Publication date: 31 May 2022
Publisher: Taylor & Francis Ltd

Interim remedies and provisional measures play a vital role in civil/commercial litigation and arbitration proceedings. This comprehensive book aims to provide a comprehensive exploration of the law and practice surrounding primary interim remedies and preservation measures available in England & Wales and China. It goes beyond mere legal definitions and delves into a comparative analysis of these measures between the two jurisdictions.

The interim remedies system in England & Wales is well-established and has evolved over time. It encompasses various measures such as injunctions, freezing orders, and search orders, among others, designed to preserve the status quo. On the other hand, preservation measures in China are still in a developmental stage, and there exist significant differences between the two legal systems. While China does have similar concepts of Property preservation, evidence preservation, and behaviour preservation, it does not recognize the general concept of interim measures as extensively as English law does.

In light of these developments, the authors of this book have taken a proactive approach by incorporating all the relevant elements from the recently adopted Chinese Civil Code 2020. This ensures that the book remains up-to-date and reflects the latest legal developments in China. Unlike England & Wales, China does not have a formal system of Practice Directions, which can be confusing for practitioners. Therefore, this book fills a significant gap by providing comprehensive guidance on this topic. It consolidates the law and guidance scattered across numerous local courts in different provinces, offering much-needed clarity to practitioners.

This book is of paramount importance to existing scholarship regarding interim remedies in England, Wales, and China. It will be of interest to a wide range of stakeholders, including industry professionals, academics, policy-makers, and government officials. Its readership will span across various sectors and disciplines, as it addresses the practical implications and challenges associated with cross-border litigation. By offering a comprehensive and comparative analysis of interim remedies and preservation measures, this book contributes to the advancement of legal knowledge and fosters better understanding between different legal systems.

Weight: 1450g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367429430