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: Paperback / softback
Length: 628 pages
Publication date: 29 January 2024
Publisher: Taylor & Francis Ltd

Interim remedies and provisional measures play a vital role in civil/commercial litigation and arbitration. 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. In contrast, 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.

To address this gap, the authors of this book have incorporated all the relevant elements from the recently adopted Chinese Civil Code 2020. This ensures that readers have access to the most up-to-date and comprehensive legal framework for interim remedies in China. Unlike England & Wales, China does not have a formal system of Practice Directions, which can be confusing for practitioners. This book fills this void by providing a comprehensive guide to the law and guidance related to interim measures in China. It consolidates the scattered legal provisions across various local courts in different provinces, offering much-needed clarity and coherence to the field.

This book is of immense importance to existing scholarship on 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 spans across various sectors and disciplines, making it a valuable resource for anyone involved in cross-border litigation. By examining the similarities and differences between the two jurisdictions.

Weight: 1283g
Dimension: 234 x 156 (mm)
ISBN-13: 9781032257884