Globalization and Private Law
Show Less

Globalization and Private Law

The Way Forward

Edited by Michael Faure and André van der Walt

This timely book explores the relationship between private law and globalization. It examines the consequences of the fact that law making now takes place in a globalized world which increasingly leads to questions of accountability and legitimacy of the law making process.
Buy Book in Print
Show Summary Details
You do not have access to this content

Chapter 10: Civil Procedure in a Globalizing World

Remco van Rhee


Remco van Rhee 1 INTRODUCTION At the start of the 21st century, the world’s civil procedural landscape is diverse. The main origin of diversity can be found in the historical differences in the approach to civil litigation in the Common Law and Civil Law families of procedural law.1 However, even within these families the differences have become considerable, and it has been stated that because of that, the dichotomy between Civil Law and Common Law may soon have lost much of its relevance.2 An obvious example of major differences within one family can be seen when comparing England and Wales (shortly ‘England’ below) and the United States of America. In England, the jury has nearly disappeared from civil trials,3 whereas the right to a jury trial is a constitutional right in the US.4 Also, the role of pre-trial discovery (currently known as disclosure in England) is radically different in these two jurisdictions. Whereas discovery in the US is extremely extensive, at least from a European perspective,5 stringent limits have been introduced in England by the Woolf Reforms (1999).6 At the same time, it seems that occasionally the differences between jurisdictions from For example, van Caenegem (1973) Chapter 2; Van Rhee (2005a). Andrews (2009): ‘This project also shows that a jurisdiction’s historical association with the Common Law or Civil Law tradition is not an immutable genetic stamp. Arguably, this backward-looking distinction will soon have lost any clear value in modern procedural structures.’ And also: ‘These differences [between the...

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information

or login to access all content.