Civil litigation in a globalising world: an introduction

Globalisation of legal matters and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may jeopardise access to justice. As a result, the debate on the need for the harmonisation of civil procedure becomes ever more prominent. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. These developments require further study, amongst other things the bringing about of the ALI/UNIDROIT Principles of Transnational Civil Procedure and some recent European Regulations introducing harmonised procedures, as well as problems encountered in the modernisation of national civil procedure and in attempts for further harmonisation. This book discusses the globalisation and harmonisation of civil procedure from various angles, including fundamental (international) principles of civil justice, legal history, Law and Economics and (European) policy. Attention is also paid to the interaction with private international law and private law (Part I: Different perspectives on globalisation and harmonisation). European and global projects that aim at the harmonisation of civil procedure or provide guidelines for the fair and efficient adjudication of justice are discussed in a subsequent part of the book (Part II: Harmonisation in a European and global context). The volume further includes contributions that focus on globalisation and harmonisation of civil procedure from the viewpoint of various national jurisdictions (Part III: National approaches to globalisation and harmonisation).