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Comparative Analysis of Interim Measures – Interim Remedies (England & Wales) v Preservation Measures (China) (Contemporary Commercial Law)

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Book Details
Language
English
Publishers
Informa Law from Routledge; 1st edition (29 Jan. 2024)
Weight
0.95 KG
Publication Date
29/01/2024
ISBN-10
1032257881
Pages
694 pages
ISBN-13
9781032257884
Dimensions
15.6 x 3.99 x 23.4 cm
SKU
9781032257884
Author Name
Vivek Jain (Author)
Dr. (Capt.) Vivek Jain has qualified as a Barrister in England & Wales in 2003. His academic qualifications include B.Sc. (N. Sc.) (India) with First Class with Distinction, L.LB. (Hon.) and LL.M .(Maritime Law) with merit from University of London, BVC (Very Competent) in London, MBA from Norway and Ph.D. in International Law from a prestigious University in China. His Ph.D. topic was in the area of Comparative International Commercial Law & Civil Procedural Law, where he completed his around 600-page Ph.D. thesis. He is currently working as a Director at a well-known firm in Singapore, where he assists its world-wide clients with arbitration, legal and claim matters. He has previously worked for a few years at a law Chambers and a law firm in London along with a few years as a lawyer at marine insurance providers in London and Shanghai. He has also worked as a Senior Lecturer in University in UK for a few years teaching Maritime law to graduate and post graduate students. After studying for B.Sc. (N. Sc.) in prestigious TS Rajendra College of Nautical Science (India), where he obtained First Class with Distinction, he had also sailed on merchant vessels and completed his Master Mariner Certificate of Competency (unlimited) from UK with an award. He is a rare professional who is an expert in law, nautical science, management and even education in his short life-span. He believes the next stage of human development is going to be through interdisciplinary skills. He is an author of four books - 3 in law and 1 in field of Marine and Nautical Science.Read more about this authorRead less about this author
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Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures.

The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation.

China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces.

This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.

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