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.
Les mer
This book provides a deeper understanding of electronic evidence and its use 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.
Les mer
1. Introduction.- 2. The legal sources of the UNCITRAL, the EU, Germany and Vietnam on electronic evidence in civil and commercial dispute resolution.- 3. Fundamental principles of civil procedure and the basic principles relating to evidence in civil procedure.- 4. Basic issues of evidence and electronic evidence in civil and commercial dispute resolution.- 5. The significant types of electronic evidence.- 6. Finding electronic evidence.- 7. The authentication of electronic evidence.- 8. The admission of electronic evidence in civil and arbitral proceedings.- 9. Evaluation of electronic evidence and the burden of proof.- 10. Using electronic evidence in civil and commercial dispute resolution - challenges and opportunities.- 11. Final conclusion.
Les mer
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.
Les mer
“This book is clearly the result of Dr Tran's doctorate. It reads and is structured like a doctorate. … The content is important and useful to the lawyer … . this is a useful text that has added to the understanding of evidence in electronic form across UNCITRAL, the European Union, Germany, and Vietnam.” (Digital Evidence and Electronic Law Review, Vol. 20, 2023)
Les mer
Provides a deeper understanding of electronic evidence and its use in civil and commercial dispute resolution Explores current provisions of UNCITRAL, the EU, Germany and Vietnam on electronic evidence Examines European jurisdictions' efforts towards harmonization of law in the field of civil procedure
Les mer
Produktdetaljer
ISBN
9783031185717
Publisert
2022-12-08
Utgiver
Vendor
Springer International Publishing AG
Høyde
235 mm
Bredde
155 mm
Aldersnivå
Research, P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Forfatter