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Comparative civil procedure: opportunities and pitfalls

Chapter


Abstract


  • Comparative methodological and theoretical approaches are easily applicable to a deeper

    level understanding and higher level utilisation of civil procedure. But, they are not typically

    at the forefront of work in civil procedure, whether by practitioners, the courts, or even the

    academics that study civil procedure. This is because civil procedure is particularly local in

    character - applying to the participants within a specific and localised jurisdiction.1 This is

    reinforced by local civil procedure being applied even to disputes centred on events outside

    the jurisdiction, even when foreign substantive law may be brought into the dispute through

    choice of law rules.2 Civil procedure is, after all, designed to apply within the four corners

    of the court. Thus, those involved, particularly the lawyers and judges that work with civil

    procedure, have not typically considered foreign and hence comparative civil procedure.

    Comparative considerations of civil procedure have been generally confined to academics,

    and occasionally to policy makers considering reform. Yet, as will be shown in this chapter,

    even as civil procedure is perhaps the most practical and domestic of all fields of law, those

    that work with it could nonetheless find significant benefits from occasional comparative

    considerations of civil procedure.

Publication Date


  • 2013

Citation


  • C. B. Picker, 'Comparative civil procedure: opportunities and pitfalls' in M. Legg(ed), The Future of Dispute Resolution (2013) 247-256.

International Standard Book Number (isbn) 13


  • 9780409332766

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3124

Book Title


  • The Future of Dispute Resolution

Start Page


  • 247

End Page


  • 256

Place Of Publication


  • Australia

Abstract


  • Comparative methodological and theoretical approaches are easily applicable to a deeper

    level understanding and higher level utilisation of civil procedure. But, they are not typically

    at the forefront of work in civil procedure, whether by practitioners, the courts, or even the

    academics that study civil procedure. This is because civil procedure is particularly local in

    character - applying to the participants within a specific and localised jurisdiction.1 This is

    reinforced by local civil procedure being applied even to disputes centred on events outside

    the jurisdiction, even when foreign substantive law may be brought into the dispute through

    choice of law rules.2 Civil procedure is, after all, designed to apply within the four corners

    of the court. Thus, those involved, particularly the lawyers and judges that work with civil

    procedure, have not typically considered foreign and hence comparative civil procedure.

    Comparative considerations of civil procedure have been generally confined to academics,

    and occasionally to policy makers considering reform. Yet, as will be shown in this chapter,

    even as civil procedure is perhaps the most practical and domestic of all fields of law, those

    that work with it could nonetheless find significant benefits from occasional comparative

    considerations of civil procedure.

Publication Date


  • 2013

Citation


  • C. B. Picker, 'Comparative civil procedure: opportunities and pitfalls' in M. Legg(ed), The Future of Dispute Resolution (2013) 247-256.

International Standard Book Number (isbn) 13


  • 9780409332766

Ro Metadata Url


  • http://ro.uow.edu.au/lhapapers/3124

Book Title


  • The Future of Dispute Resolution

Start Page


  • 247

End Page


  • 256

Place Of Publication


  • Australia