The effect of modern and communication technology on civil procedure first appeared on the agenda of the conference organized by the International Association of Procedural Law in 1999, verifying Lord Woolf’s statement from the 90’s, that ”IT will not only assist in streamlining and improving our existing systems and process; it is also likely, in due course, itself to be catalyst for radical change as well...”. At the conference in Pecs in the autumn of 2010 participants from three continents and twenty-five countries examined all aspects of the impact of modern information technology on civil procedure beginning with the electronic submission of the application, ranging from electronic service of documents and electronic means of proof supported by modern information technology. In addition to the practical issues they discussed the possible impact of electronic procedures on traditional principles of civil procedure. The conference book contains seven main reports and eleven correferates, the foreword was written by Prof. Peter Gottwald, the President of the International Association of Procedural Law.

Greater efficiency in civil dispute resolution is very much dependent on organized but fair fact-finding. Under European law, however, no clear-cut categorisation of means of evidence exists as yet, and significantly diverging interpretations persist of what is considered 'evidence' in the sense of the foundational Council Regulation (EC) No. 1206/2001 (EER). The EER fails to provide comprehensive rules for many other aspects of evidence taking, pointing instead to national legislation for solutions. As long as evidentiary rules remain different from country to country, there is an inherent risk of conflict of laws between different systems in the course of cooperation between courts in cross-border matters, leading to mistrust amongst judiciary and other participants in the proceedings. Focusing on national rules, and using a comparative method which takes into consideration legal experiences from all legal circles in the EU, this book explains and analyses how the law of evidence works in Europe today. The authors draw on the vast base of relevant information collected in twenty-seven Member States by national reporters. Following the classical enumeration of types of evidence – production of documents, examination of witnesses, expert evidence, inspection by the judge, and examination of the parties – chapters encompass such issues and topics as the following. - judicial cooperation in cross-border cases; – general principles in evidence taking (the right to be heard, oral vs. written form, directness of evidence, burden of proof); – judges' case management powers regarding evidence; – means of evidence; – extent of influence of traditional principles and evidentiary rules on electronic evidence; – application of communication technology in cross-border proceedings; – legal costs; – language; – inadmissible evidence; and – instances in which a court can refuse a request for evidence. The authors offer well-grounded recommendations on requested judge's entitlements, direct and convenient communication, cost issues, revised provisions concerning language obstacles, unification of presumptions, and much more. Armed with the wide-ranging knowledge presented here, practitioners handling civil cases anywhere in Europe will derive great practical benefit from this book. As a masterful synthesis of how evidence is used in national courts in EU Member States, and of how that use is changing, the book will be greatly valued as a unique resource by legal scholars and academics. With featured recommendations it can contribute to the development of mutual trust among the national courts inside the EU as well as trust among policymakers and national courts.

Legal Analytics: The Future of Analytics in Law navigates the crisscrossing of intelligent technology and the legal field in building up a new landscape of transformation. Legal automation navigation is multidimensional, wherein it intends to construct streamline communication, approval, and management of legal tasks. The evolving environment of technology has emphasized the need for better automation in the legal field from time to time, although legal scholars took long to embrace information revolution of the legal field. • Describes the historical development of law and automation. • Analyzes the challenges and opportunities in law and automation. • Studies the current research and development in the convergence of law, artificial intelligence, and legal analytics. • Explores the recent emerging trends and technologies that are used by various legal systems globally for crime prediction and prevention. • Examines the applicability of legal analytics in forensic investigation. • Investigates the impact of legal analytics tools and techniques in judicial decision making. • Analyzes deep learning techniques and their scope in accelerating legal analytics in developed and developing countries. • Provides an in-depth analysis of implementation, challenges, and issues in society related to legal analytics. This book is primarily aimed at graduates and postgraduates in law and technology, computer science, and information technology. Legal practitioners and academicians will also find this book helpful.

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

This book provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution. The explosive growth of information technology has had major impacts on the development of the economy, society and also on the improvement of legal proceedings with the use of modern technology in all areas of criminal and civil procedures. This book focuses on the current provisions of UNCITRAL, the European Union, Germany and Vietnam concerning electronic evidence in civil and commercial dispute resolution. It analyses the notion and the basic aspects of evidence and electronic evidence and explores the process of finding electronic evidence. Further, it discusses how the effectiveness of finding electronic evidence can be reconciled with a respect for fundamental rights, in particular with personal privacy and personal data protection. The book subsequently addresses the authentication and admissibility of electronic evidence; the evaluation of electronic evidence and the burden of proof; and the challenges of using electronic evidence in civil and commercial dispute resolution. Finally, it puts forward proposals for promoting the use of electronic evidence in these contexts. As the book focuses on the current texts of UNCITRAL and the civil procedure legislation of the European Union, Germany and Vietnam, it relies on a comparative method which deals with the most significant provisions of the above legislation.

Presenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives guidance for the proper understanding and practical operation of cross-border judicial cooperation in civil and commercial matters within the EU.

The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

Securities Practice and Electronic Technology provides complete, practical, hands-on guidance to the legal and regulatory developments spurred by the online revolution. You'll get coverage of the impact on all major securities laws and regulations, plus step-by-step advice on electronic delivery of information to investors, establishing corporate and broker-dealer Web sites, the use of electronic advertising and sales literature, and many other issues. Securities Practice and Electronic Technology provides unique advice and perspective on how to use the Internet, extranets and other new media when dealing with clients. Other topics include: corporate disclosure and capital formation; electronic offering circulars; electronic roadshows; exempt offerings; shareholder communications; creating, developing and maintaining a corporate Web site; informed consent; overseas investing; security and encryption; alternative trading systems; intellectual property issues; electronic storage requirements under E-Sign; and uniform electronic communications policy.

This book provides the latest research advancements and findings for the scientific systematization of knowledge regarding digital governance and transformation, such as core concepts, foundational principles, theories, methodologies, architectures, assessment frameworks and future directions. It brings forward the ingredients of this new domain, proposing its needed formal and systematic tools, exploring its relation with neighbouring scientific domains and finally prescribing the next steps for laying the foundations of a new science. The book is structured into three main areas. The first section focuses on contributions towards the purpose, ingredients and structure of the scientific foundations of digital transformation in the public sector. The second looks at the identification and description of domain's scientific problems with a view to stabilizing research products, assessment methods and tools in a reusable, extendable and sustainable manner. The third envisions a pathway for future research to tackle broader governance problems via the applications of information and communication technologies in combination with innovative approaches from neighbouring scientific domains. Contributing to the analysis of the scientific perspectives of digital governance and digital transformation, this book will be an indispensable tool for students, researchers and practitioners interested in digital governance, digital transformation, information systems, as well as ICT industry experts and policymakers charged with the design, deployment and implementation of public sector information systems.