| List of figures |
|
xix | |
| List of tables |
|
xx | |
| Preface |
|
xxi | |
| Acknowledgements |
|
xxv | |
| Table of Chinese Cases |
|
xxvii | |
| Table of Chinese Legislations and Local Courts' Guidance Documents |
|
xxxvi | |
| Table of Cases |
|
liv | |
| Table of Legislation |
|
lxiii | |
| Part 1 Introduction To The Concepts In The Book And Legal System And Procedural Law Of England & Wales And China |
|
|
Chapter 1 Introduction To Interim Measures In England & Wales And China |
|
|
3 | (52) |
|
Introduction to Interim Measures |
|
|
3 | (4) |
|
Role of Interim Measures within a Civil Procedure System |
|
|
3 | (1) |
|
Interim Measures in England & Wales |
|
|
3 | (1) |
|
Interim Measures in China |
|
|
4 | (1) |
|
Different Terminologies Used for Interim Measures |
|
|
4 | (1) |
|
Interim Measures and Cause of Action |
|
|
5 | (1) |
|
Delays in Civil/Commercial Litigation and Interim Measures |
|
|
5 | (2) |
|
Issues of Interim Measures in Arbitrations |
|
|
7 | (4) |
|
Interim Remedies/Preservation Measures in Arbitration |
|
|
7 | (1) |
|
Issues as to the Enforceability of Interim Remedies/Preservation Measures Granted by Tribunal |
|
|
7 | (4) |
|
Relevant Ecosystem for Interim Measures |
|
|
11 | (5) |
|
Need and Role for Interim Measures in the Current Business Environment |
|
|
11 | (2) |
|
Current Business Environment |
|
|
13 | (1) |
|
Additional Reasons for Granting Interim Measures |
|
|
14 | (1) |
|
Utility of Interim Remedies/Preservation Measures |
|
|
15 | (1) |
|
Doctrines Governing Interim Measures |
|
|
16 | (4) |
|
Fundamental Principles of Interim Measures |
|
|
16 | (2) |
|
Judges' Primary Focus before Rendering Interim Remedies/Preservation Remedies |
|
|
18 | (2) |
|
Interim Measures in England & Wales |
|
|
20 | (1) |
|
Introduction to Interim Remedies in England & Wales |
|
|
20 | (1) |
|
Interim Remedies in England & Wales |
|
|
20 | (18) |
|
Equity, Equitable Remedies and Injunction |
|
|
20 | (1) |
|
|
|
21 | (3) |
|
Injunctions as an Equitable Remedy |
|
|
24 | (4) |
|
General Evolution of Interim Remedies in the Modern Era |
|
|
28 | (5) |
|
Evolution of Freezing Injunctions |
|
|
33 | (2) |
|
Evolution of Interim Injunctions |
|
|
35 | (1) |
|
Evolution of Search Orders |
|
|
36 | (1) |
|
Evolution of Other Interim Remedies (Including Relevant to Maritime Disputes) |
|
|
36 | (2) |
|
Interim Remedies and Arbitration in England & Wales |
|
|
38 | (1) |
|
Preservation Measures in China |
|
|
38 | (2) |
|
Introduction to Preservation Measures in China |
|
|
38 | (2) |
|
Evolution of Civil Preservation Procedure and Preservation Measures |
|
|
40 | (10) |
|
Evolution of Civil Procedure Law and Preservation Procedures |
|
|
40 | (1) |
|
Evolution of Property Preservation Measures - The First Stage (1949-1982) |
|
|
41 | (1) |
|
Evolution of Property Preservation Measures - The Second Stage (1982-2012) |
|
|
42 | (1) |
|
Evolution of Behaviour Preservation Measures |
|
|
43 | (1) |
|
|
|
44 | (1) |
|
Evolution of Evidence Preservation Measures |
|
|
44 | (1) |
|
Relevant Academic Debates on the Evolution of Preservation Measures |
|
|
45 | (2) |
|
Evolution of Property Preservation Measures - The Rapid Pace Stage (2012-Present) |
|
|
47 | (1) |
|
SPC's Interpretations and Local Courts' Guidance Documents |
|
|
48 | (1) |
|
Preservation Measures and Arbitration in China |
|
|
49 | (1) |
|
Closing Remark on the Introduction of Preservation Measures in China |
|
|
49 | (1) |
|
Other Issues with Interim Measures |
|
|
50 | (2) |
|
Interim Remedies as Commercial Litigation Tactics |
|
|
50 | (1) |
|
Dispute of Facts in Interim Measures and Interim Hearings |
|
|
51 | (1) |
|
|
|
52 | (3) |
|
Reasons for Comparing Interim Measures - England & Wales v China |
|
|
52 | (1) |
|
Arrangement of
Chapters in This Book |
|
|
53 | (1) |
|
A Small Warning for Readers |
|
|
54 | (1) |
|
Chapter 2 Legal System And Procedural Law In England & Wales |
|
|
55 | (71) |
|
|
|
55 | (1) |
|
|
|
55 | (1) |
|
|
|
56 | (5) |
|
International Conventions |
|
|
61 | (2) |
|
Key Statutes on Interim Remedies |
|
|
63 | (3) |
|
The Civil Procedure Rules (CPR) |
|
|
66 | (1) |
|
|
|
67 | (1) |
|
Terminology: Interim, Interlocutory and Final |
|
|
68 | (4) |
|
Terminology: Temporary, Permanent and Perpetual |
|
|
72 | (1) |
|
CPR Part 25: "Interim Remedies and Security for Costs" |
|
|
73 | (14) |
|
|
|
87 | (1) |
|
Organisation of the High Court |
|
|
87 | (4) |
|
Allocation of Cases within the High Court |
|
|
91 | (1) |
|
Power of Judges of the High Court to Grant Interim Remedies |
|
|
92 | (1) |
|
Court of Appeal and UK Supreme Court |
|
|
93 | (3) |
|
|
|
96 | (5) |
|
Service of Originating Process |
|
|
101 | (6) |
|
Obtaining Permission to Serve out of the Jurisdiction |
|
|
107 | (2) |
|
Procedural Stage at which Interim Remedies Can Be Granted |
|
|
109 | (2) |
|
Procedure on an Interlocutory Application for an Interim Remedy |
|
|
111 | (2) |
|
Without Notice Applications |
|
|
113 | (4) |
|
Full and Frank Disclosure |
|
|
117 | (2) |
|
|
|
119 | (4) |
|
Court's Power to Enforce Interim Remedies and Undertakings |
|
|
123 | (3) |
|
Chapter 3 The Legal System And The General Rules For Preservation Measures In China |
|
|
126 | (95) |
|
|
|
126 | (1) |
|
The Civil Litigation Procedure System of China |
|
|
126 | (4) |
|
Sources of Law Applicable for Preservation Measures |
|
|
130 | (8) |
|
|
|
130 | (1) |
|
Legislation (I): General Laws |
|
|
130 | (2) |
|
Legislation (II): Special Laws |
|
|
132 | (1) |
|
|
|
133 | (1) |
|
Judicial Interpretations and Other Judicial Documents |
|
|
134 | (2) |
|
Guiding Case and Reference Case |
|
|
136 | (2) |
|
|
|
138 | (4) |
|
Overview of the Court System |
|
|
138 | (3) |
|
Preservations in the Court System |
|
|
141 | (1) |
|
Hierarchical Trial System |
|
|
142 | (2) |
|
Tier System in the Context of Preservation Measures |
|
|
144 | (1) |
|
Preservation Procedural Steps in China |
|
|
145 | (4) |
|
Meaning of Pre-Action Preservation Application |
|
|
145 | (1) |
|
Meaning of Post-Action Preservation Application |
|
|
146 | (1) |
|
General Procedural Steps for Preservation Measures |
|
|
147 | (1) |
|
Online Preservation System of the People's Court |
|
|
147 | (1) |
|
Various Types of Scenarios in the Context of Preservation Measures |
|
|
148 | (1) |
|
Jurisdiction of Courts for Civil Preservation Applications |
|
|
149 | (11) |
|
Court Tier Jurisdiction for Preservation Applications |
|
|
149 | (1) |
|
Tier Jurisdiction of Domestic Cases |
|
|
150 | (1) |
|
Tier Jurisdiction of Foreign-Related Cases |
|
|
151 | (1) |
|
Tier Jurisdiction of Specialised Courts: Exclusive Jurisdiction |
|
|
151 | (1) |
|
Territorial Jurisdiction to Consider for Preservation Applications |
|
|
152 | (2) |
|
Agreed Jurisdiction Clauses in Relation to Preservation Applications |
|
|
154 | (1) |
|
Overseas Cases - Chinese Courts' Jurisdiction over Preservation Applications |
|
|
155 | (1) |
|
Maritime Courts' Jurisdiction over Preservation Applications for Overseas Cases |
|
|
156 | (1) |
|
Choice of Venue if There Are Two Competent Courts |
|
|
157 | (1) |
|
Jurisdiction for Preservation Applications after Completion of the First Instance |
|
|
158 | (1) |
|
Jurisdiction after Making an Effective Judgment or Award |
|
|
159 | (1) |
|
Application and Enforcement of Court Orders of Macau, Hong Kong and Taiwan |
|
|
160 | (5) |
|
|
|
160 | (2) |
|
Hong Kong and the Mainland |
|
|
162 | (2) |
|
|
|
164 | (1) |
|
Format of the Preservation Applications |
|
|
165 | (4) |
|
|
|
166 | (1) |
|
Requirements as to Translation |
|
|
167 | (1) |
|
Requirements as to Notarisation and Legalisation |
|
|
168 | (1) |
|
Flexible Requirements as to Notarisation and Legalisation in IP Disputes |
|
|
168 | (1) |
|
Security for Applications for Preservations |
|
|
169 | (19) |
|
Overview of Security for Applications for Preservations |
|
|
169 | (1) |
|
Security for Maritime Preservation Measure Applications |
|
|
170 | (1) |
|
Countersecurity of the Respondent |
|
|
171 | (1) |
|
Types of Security or Countersecurity |
|
|
172 | (2) |
|
Property Security(1): Scope of Security |
|
|
174 | (1) |
|
Property Security (II): Nature and Steps of Property Security |
|
|
174 | (2) |
|
Property Security (III): Legal Effect of Property Security |
|
|
176 | (2) |
|
Cash Security (I): Introduction |
|
|
178 | (1) |
|
Cash Security (II): Payment Method |
|
|
178 | (1) |
|
Cash Security (III): Nature of Cash Security |
|
|
179 | (1) |
|
A Letter of Guarantee (Credit Guarantee) (I): Introduction |
|
|
179 | (1) |
|
A Letter of Guarantee (II): Lack of Unified Rule |
|
|
180 | (3) |
|
A Letter of Guarantee (III): Development of Credit Guarantee |
|
|
183 | (1) |
|
A Letter of Guarantee (IV): Maritime Law Domain |
|
|
184 | (1) |
|
A Letter of Guarantee (V): Online Guarantee |
|
|
185 | (1) |
|
Exemptions from Providing Security |
|
|
186 | (2) |
|
The Scope of Application of Preservation Security Guidance |
|
|
188 | (1) |
|
Legal Costs in Preservation Applications |
|
|
188 | (6) |
|
|
|
189 | (1) |
|
Insurance Fee for Security of Preservation |
|
|
189 | (2) |
|
|
|
191 | (2) |
|
The Burden of Legal Costs and Application Fees |
|
|
193 | (1) |
|
The Time Limit for Rendering Orders |
|
|
194 | (1) |
|
Legal Remedies against an Order (I): The Subject of Remedies |
|
|
195 | (2) |
|
Concept of Interested Party and Outside Party |
|
|
195 | (2) |
|
Legal Remedies against an Order (II): Reconsideration |
|
|
197 | (2) |
|
|
|
197 | (1) |
|
|
|
197 | (1) |
|
Claims of the Interested Party |
|
|
198 | (1) |
|
Legal Remedies against a Preservation Order (III): Raising Objection |
|
|
199 | (5) |
|
Procedural Remedy of Objection to Enforcement of a Preservation Order |
|
|
200 | (2) |
|
Procedural Remedy of Objection to Subject Matter of a Preservation Order |
|
|
202 | (2) |
|
Sanctions for Not Obeying Preservation Orders |
|
|
204 | (6) |
|
Sanctioned Behaviours and Parties |
|
|
204 | (2) |
|
Fine and Detention Penalty |
|
|
206 | (1) |
|
|
|
207 | (3) |
|
|
|
210 | (2) |
|
|
|
210 | (1) |
|
|
|
211 | (1) |
|
Compensation: Legal Remedy from Substantive Law Perspective |
|
|
212 | (4) |
|
|
|
212 | (1) |
|
Party Liable to Compensate an Injured Party |
|
|
213 | (1) |
|
Difference between Procedural Remedy and Substantive Remedy |
|
|
214 | (2) |
|
Annex 1 Application for Reconsideration |
|
|
216 | (1) |
|
Annex 2 Application for Discharging the Preservation Order |
|
|
217 | (4) |
| Part 2 Interim Measures In Arbitration |
|
|
Chapter 4 Interim Remedies In Support Of Arbitration |
|
|
221 | (18) |
|
|
|
221 | (1) |
|
|
|
221 | (1) |
|
Part I of the Arbitration Act 1996 |
|
|
222 | (1) |
|
|
|
223 | (3) |
|
Power of Arbitral Tribunals to Grant Interim Remedies |
|
|
226 | (1) |
|
|
|
226 | (1) |
|
|
|
227 | (1) |
|
Limitations of the Power of Arbitral Tribunals |
|
|
228 | (2) |
|
Powers of the English Court to Grant Interim Remedies in Relation to Arbitration |
|
|
230 | (1) |
|
Section 44 of the 1996 Act |
|
|
230 | (3) |
|
Section 44 and Non-Parties |
|
|
233 | (1) |
|
Stay of English Court Proceedings |
|
|
234 | (1) |
|
Interim Antisuit Injunctions in Support of Arbitration |
|
|
235 | (4) |
|
Chapter 4A Interim Measures In Arbitration (China) |
|
|
239 | (38) |
|
|
|
239 | (3) |
|
Jurisdiction over Arbitral Preservation Measures in China |
|
|
242 | (10) |
|
Legal Foundation of Chinese Exclusive Jurisdiction |
|
|
242 | (2) |
|
Tier Jurisdiction in Non-Maritime Disputes |
|
|
244 | (1) |
|
Domestic Arbitration in Non-Maritime Disputes |
|
|
244 | (1) |
|
Foreign-Related Arbitration in Non-Maritime Disputes |
|
|
245 | (1) |
|
Conflicts and Development of Jurisdiction in Non-Maritime Disputes |
|
|
246 | (2) |
|
Maritime Courts' Jurisdiction for Arbitral Preservation Applications |
|
|
248 | (1) |
|
Emergency Arbitrators and Preservation Orders |
|
|
249 | (3) |
|
Types of Preservation Measures in Arbitration |
|
|
252 | (1) |
|
Jurisdiction and Types of Preservations in the CICC |
|
|
253 | (2) |
|
Procedure for Applications |
|
|
255 | (3) |
|
Procedural Step of Pre-Arbitral Preservations in Practice |
|
|
255 | (1) |
|
Procedural Step after Submitting an Application |
|
|
256 | (1) |
|
Underlying Issues Affecting Preservation Applications |
|
|
257 | (1) |
|
Preservations for Foreign Arbitrations in China |
|
|
258 | (1) |
|
Preservations for Foreign Arbitrations in China (I): |
|
|
259 | (4) |
|
|
|
259 | (1) |
|
Test Case for Post-Arbitral Maritime Preservation |
|
|
260 | (1) |
|
Test Case for Pre-Arbitral Maritime Preservation |
|
|
261 | (1) |
|
Limitation of Property Preservations Measure in Maritime Disputes |
|
|
262 | (1) |
|
Preservation for a Foreign Arbitration in China (II): |
|
|
263 | (1) |
|
|
|
263 | (1) |
|
Preservations for Foreign Arbitrations in China (III): |
|
|
264 | (7) |
|
|
|
264 | (1) |
|
Preservation for a Foreign Arbitration in China (IV): |
|
|
265 | (1) |
|
Hong Kong and the Mainland |
|
|
265 | (2) |
|
|
|
267 | (1) |
|
Qualified HK Institutions or Permanent Offices |
|
|
268 | (1) |
|
Jurisdiction over HK Arbitral Preservations |
|
|
268 | (2) |
|
|
|
270 | (1) |
|
Arbitral Preservation During Recognition and Enforcement of Foreign Arbitral Awards |
|
|
271 | (6) |
| Part 3 Interim Measures For Property |
|
|
Chapter 5 Freezing Injunctions |
|
|
277 | (32) |
|
|
|
277 | (1) |
|
Mareva Injunctions and Asset Preservation Orders |
|
|
277 | (2) |
|
The Freezing Injunction - One of English Law's "Nuclear Weapons" |
|
|
279 | (1) |
|
Freezing Injunctions as Security |
|
|
280 | (3) |
|
Sources of Law in Relation to Freezing Injunctions |
|
|
283 | (1) |
|
Jurisdiction and Discretion |
|
|
284 | (3) |
|
Worldwide Freezing Injunctions |
|
|
287 | (2) |
|
|
|
289 | (2) |
|
|
|
291 | (1) |
|
The Standard Form of Order |
|
|
292 | (6) |
|
Model Draft Freezing Injunction Order |
|
|
298 | (6) |
|
Model Affidavit in Support of Application for Freezing Injunction |
|
|
304 | (5) |
|
Chapter 6 Preservation Measure Of Property In China |
|
|
309 | (52) |
|
|
|
309 | (4) |
|
Definition of Property Preservation and Its Purpose |
|
|
309 | (1) |
|
|
|
310 | (2) |
|
Definition of Preservation of Maritime Claims and Its Purpose |
|
|
312 | (1) |
|
Applicable Laws in the Maritime Law Domain |
|
|
312 | (1) |
|
Format of Preservation Applications |
|
|
313 | (1) |
|
Applicants and Respondents of Applications |
|
|
314 | (3) |
|
The Meanings of Applicant and Respondent |
|
|
314 | (1) |
|
Information on an Applicant and a Respondent and Their Identifications |
|
|
315 | (2) |
|
The Subject Matter of Applications: Property to Be Preserved |
|
|
317 | (12) |
|
|
|
317 | (1) |
|
New Development of Property to Be Preserved |
|
|
317 | (1) |
|
Requirements of Preserved Property |
|
|
318 | (1) |
|
The Outside Party's Preserved Property |
|
|
319 | (2) |
|
The Limitation of the Preserved Property |
|
|
321 | (3) |
|
The Necessity of Preserved Property Valuation |
|
|
324 | (1) |
|
Burden of Proof on Preserved Property Valuation |
|
|
324 | (2) |
|
Approaches of Property Valuation |
|
|
326 | (1) |
|
The Floating Value of Property to Be Preserved |
|
|
327 | (1) |
|
The Valuation of Excessive Property Preservation |
|
|
328 | (1) |
|
Pre-Action Property Preservations |
|
|
329 | (8) |
|
Exact Information of Property in Applications |
|
|
330 | (2) |
|
Substantive Prerequisites for Pre-Action Preservations |
|
|
332 | (1) |
|
Urgent Circumstances and Irreparable Harms |
|
|
333 | (2) |
|
|
|
335 | (1) |
|
|
|
336 | (1) |
|
The Time Limit of Rendering Orders and Mode of Trials |
|
|
337 | (1) |
|
Post-Action Preservation Applications |
|
|
337 | (9) |
|
Specific Indications of Property |
|
|
338 | (1) |
|
Online Monitoring System for Property Information within China (I): Introduction |
|
|
339 | (2) |
|
Online Monitoring System for Property Information within China (II): Protection of Information |
|
|
341 | (1) |
|
Online Monitoring System for Property Information within China (III): Regional Online Monitoring System |
|
|
342 | (2) |
|
The Time Limit of Rendering Orders and Respondents' Defence |
|
|
344 | (2) |
|
The Possibility of Interim Hearing |
|
|
346 | (1) |
|
Protection of the Respondent's Interests |
|
|
346 | (4) |
|
Option of Multiple Properties |
|
|
347 | (1) |
|
Use of Preserved Property |
|
|
348 | (1) |
|
Sale of Preserved Property |
|
|
348 | (1) |
|
Substitution of Property (Respondents' Countersecurity) |
|
|
349 | (1) |
|
Protection to Non-Profit Entity |
|
|
350 | (1) |
|
The Time Limit and Renewal of Preservation Orders |
|
|
350 | (1) |
|
Compensation Caused by Wrongful Property Preservation |
|
|
351 | (4) |
|
Liability Principle of Wrongful Application |
|
|
352 | (2) |
|
Elements of Fault-Based Liability |
|
|
354 | (1) |
|
Property Preservation Fees |
|
|
355 | (1) |
|
|
|
356 | (1) |
|
Annex 1 Format of Application Seeking Property Preservation Measures (For Legal Entity or Organisation) |
|
|
356 | (2) |
|
|
|
358 | (3) |
| Part 4 Interim Measures For Conduct |
|
|
Chapter 7 Interim Injunctions |
|
|
361 | (32) |
|
|
|
361 | (1) |
|
The Court's Power to Grant Interim Injunctions |
|
|
362 | (2) |
|
|
|
364 | (1) |
|
Stage 1 - Serious Issue to Be Tried |
|
|
365 | (1) |
|
Stage Two - Adequacy of Damages to Each Party |
|
|
366 | (3) |
|
Stage Three - Balance of Convenience |
|
|
369 | (2) |
|
Mandatory Interim Injunctions |
|
|
371 | (1) |
|
Where the Outcome of the Application Will Determine the Overall Dispute |
|
|
371 | (3) |
|
Special Cases Where the American Cyanamid Test Is Modified |
|
|
374 | (1) |
|
Cases Where Interim Injunctions Are Generally Unavailable |
|
|
375 | (2) |
|
Cases Where American Cyanamid Does Not Apply |
|
|
377 | (1) |
|
Interim Anti-Suit Injunctions |
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377 | (6) |
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Model Application Notice Seeking Interim Injunction |
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383 | (3) |
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Model Draft Interim Injunction Order |
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386 | (2) |
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Model Witness Statement in Support of Application for Interim Injunction |
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388 | (5) |
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Chapter 8 Preservation Measure Of Behaviour In China |
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393 | (56) |
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393 | (3) |
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393 | (1) |
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394 | (2) |
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396 | (10) |
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Meaning and Evolution of Advance Enforcement |
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396 | (1) |
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Scope of Application of Advance Enforcement |
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397 | (2) |
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Requirements of Advance Enforcement |
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399 | (1) |
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Reconsideration and Objection |
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400 | (1) |
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"Converse" Behaviour Preservation |
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400 | (3) |
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Advance Enforcement v Advance Judgment |
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403 | (2) |
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Advance Enforcement v Behaviour Preservation |
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405 | (1) |
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Behaviour Preservation Measures |
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406 | (23) |
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Definition and Purpose of Behaviour Preservations |
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406 | (1) |
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Definition and Purpose of Maritime Injunctions |
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406 | (1) |
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Overview of Applicable Laws |
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407 | (1) |
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Applicable Law of Intellectual Property Disputes |
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408 | (1) |
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Applicable Law of Non-Intellectual Property Disputes |
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409 | (1) |
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Format of the Preservation Applications |
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410 | (1) |
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Meaning and Qualification of an Applicant |
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411 | (1) |
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412 | (1) |
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Scope of Behaviour Preservation Measures |
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413 | (1) |
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Positive Effect (I): Behaviour Preservation Measures in Family Disputes |
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414 | (1) |
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Positive Effect (II): Behaviour Preservation Measures in Commercial Disputes |
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415 | (1) |
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Current Issues (I): Lack of Unified Standard of Subject Matter |
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415 | (3) |
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Current Issues (II): Confusion between the Behaviour and Property Preservation Measures |
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418 | (1) |
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Requirements for Behaviour Preservation Applications in Non-IP Disputes |
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419 | (1) |
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Requirements for Urgent Behaviour Preservation Applications in IP Disputes |
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419 | (1) |
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Requirement for Urgent Applications (I): Urgent Circumstances |
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420 | (2) |
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Requirement for Urgent Applications (II): Irreparable Harms |
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422 | (2) |
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Requirement for Urgent Applications (III): Stabilisation of Rights |
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424 | (2) |
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Requirement for Urgent Applications (IV): Balance of Interests and Protection of Public Interests |
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426 | (2) |
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Requirements for Non-Urgent Post-Action Applications |
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428 | (1) |
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Requirement of Furnishing Security |
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429 | (2) |
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Rules Regarding Furnishing Security in IP and Non-IP Disputes |
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429 | (1) |
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Countersecurity Rules in IP and Non-IP Disputes |
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430 | (1) |
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Inquiry Procedure or Interim Hearing and Respondent's Defence |
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431 | (4) |
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Inquiry Procedure in IP Disputes and Respondent's Defence |
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431 | (2) |
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Inquiry Procedure in Non-IP Disputes and Respondents' Defence |
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433 | (1) |
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Inquiry Procedure for Maritime Injunction and Respondents' Defence |
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434 | (1) |
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The Time Limit of Rendering Post-Action Orders |
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435 | (1) |
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Time Limit and Renewal of Preservation Orders |
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435 | (3) |
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First Type of Prescription of Time Limit |
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435 | (2) |
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Second Type of Prescription of Time Limit |
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437 | (1) |
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Renewal of Behaviour Preservation Order |
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438 | (1) |
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Compensation Caused by Wrongful Behaviour Preservations |
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438 | (2) |
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Compensation Rules in IP Disputes |
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438 | (1) |
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The Retrospective Effect of Invalidity of Patent Rights in IP Compensation |
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439 | (1) |
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Compensation Rules in Non-IP Disputes |
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440 | (1) |
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Behaviour Preservation Fees |
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440 | (2) |
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442 | (1) |
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Annex 1 Format of Application for Seeking Behaviour Preservation Measures (for Legal Entity or Organisation) |
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442 | (2) |
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Annex 2 Application for Advance Enforcement |
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444 | (1) |
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Annex 3 Application for Advance Enforcement |
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445 | (4) |
| Part 5 Interim Measures For Evidence |
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449 | (38) |
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449 | (3) |
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Sources of Law in Relation to Search Orders |
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452 | (1) |
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Section 7 of the Civil Procedure Act 1997 |
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453 | (1) |
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454 | (1) |
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Stage at Which a Search Order Can Be Granted |
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455 | (1) |
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Search Order in Support of Substantive Proceedings Elsewhere |
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455 | (1) |
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456 | (1) |
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|
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456 | (1) |
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Which Premises Can Be Searched? |
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457 | (1) |
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Against Whom Can a Search Order Be Granted? |
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457 | (1) |
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Personal Jurisdiction over the Respondent |
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458 | (2) |
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460 | (1) |
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461 | (1) |
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Respondent's Duty to Provide Assistance |
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461 | (1) |
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The Privilege against Self-Incrimination |
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462 | (2) |
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Applying for a Search Order |
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464 | (1) |
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465 | (1) |
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The Format of the Search Order |
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466 | (2) |
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Executing the Search Order: Service |
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|
468 | (1) |
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Executing the Search Order: The Search |
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469 | (2) |
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471 | (2) |
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|
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473 | (8) |
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Model Affidavit in Support of Application for Search Order |
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|
481 | (6) |
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Chapter 10 Preservation Measure Of Evidence In China |
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487 | (44) |
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|
|
487 | (1) |
|
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488 | (3) |
|
Applicable Laws for General Disputes |
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488 | (2) |
|
Applicable Laws for Intellectual Property Disputes |
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|
490 | (1) |
|
Applicable Laws for Maritime Disputes |
|
|
491 | (1) |
|
Definition and Purpose of Evidence Preservation Measures |
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|
491 | (1) |
|
Definition and Purpose of Maritime Evidence Preservation |
|
|
491 | (1) |
|
Format of Preservation Applications and Key Points |
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|
492 | (3) |
|
An Applicant and a Respondent |
|
|
492 | (1) |
|
|
|
493 | (1) |
|
|
|
494 | (1) |
|
Preliminary Procedural Examination |
|
|
495 | (3) |
|
Test of Correlation and Necessity |
|
|
495 | (1) |
|
|
|
496 | (1) |
|
Tests in the SMPL 2000 Regime |
|
|
497 | (1) |
|
Pre-Action Evidence Preservations and Alternative Remedies |
|
|
498 | (8) |
|
Requirement of "Urgent Circumstances" |
|
|
498 | (1) |
|
The Principle of the Minimum Impact |
|
|
499 | (2) |
|
Status Quo for Pre-Action Applications in Courts |
|
|
501 | (2) |
|
Alternative Remedy (I): Evidence Preservation by Notary Public Offices |
|
|
503 | (1) |
|
Alternative Remedy (II): Online Preservation by Way of Blockchain Technology |
|
|
504 | (2) |
|
Time Limit of Post-Action Applications |
|
|
506 | (2) |
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|
|
506 | (2) |
|
|
|
508 | (1) |
|
Requirement for Post-Action Evidence Preservations |
|
|
508 | (4) |
|
|
|
509 | (1) |
|
Requirements for IP Evidence Preservation and Its Understanding |
|
|
509 | (1) |
|
Other Considerations and Underlying Issues |
|
|
510 | (2) |
|
Documentary Evidence Disclosure Order |
|
|
512 | (3) |
|
|
|
512 | (2) |
|
The Extension of the Documentary Disclosure Order in IP Disputes |
|
|
514 | (1) |
|
Collection of Evidence by Courts |
|
|
515 | (3) |
|
Courts' Power to Collect Evidence on Its Own Initiative |
|
|
516 | (1) |
|
Maritime Courts' Power to Collect Evidence |
|
|
516 | (1) |
|
Collecting of Evidence on Parties' Applications |
|
|
517 | (1) |
|
Security for Evidence Preservation Applications |
|
|
518 | (2) |
|
Rule of Security for IP and Maritime Pre-Action Applications |
|
|
518 | (1) |
|
Exception for Furnishing Security for Pre-Action and Post-Action Applications |
|
|
519 | (1) |
|
|
|
520 | (1) |
|
Time Limit of Rendering Post-Action Orders |
|
|
520 | (1) |
|
Time Limit of Evidence Preservation Orders |
|
|
521 | (1) |
|
Discharge of Evidence Preservation Orders |
|
|
521 | (1) |
|
Compensation Caused by Wrongful Evidence Preservation |
|
|
522 | (2) |
|
|
|
522 | (1) |
|
Principle of Common Evidence |
|
|
522 | (1) |
|
Causative Link and Burden of Proof |
|
|
523 | (1) |
|
|
|
523 | (1) |
|
Evidence Preservation Fees |
|
|
524 | (1) |
|
|
|
525 | (1) |
|
Annex 1 Format of Application Seeking Evidence Preservation Measures |
|
|
525 | (1) |
|
Note for applications seeking evidence preservation measures: |
|
|
526 | (5) |
| Part 6 Comparative Analysis Of Interim Measures In The Two Jurisdictions |
|
|
Chapter 11 Comparative Analysis Of Interim Measures On Visible And Invisible Factors: England & Wales V China |
|
|
531 | (72) |
|
|
|
531 | (2) |
|
|
|
531 | (2) |
|
Major Conclusions after Comparative Analysis |
|
|
533 | (1) |
|
Comparative Analysis of Interim Measures on Visible Factors |
|
|
533 | (38) |
|
|
|
533 | (1) |
|
Warning on Comparative Analysis Pursued on Visible Factors |
|
|
533 | (1) |
|
Comparative Analysis of Working Methods of Courts for Seeking Interim Measures |
|
|
534 | (10) |
|
Comparative Analysis - Freezing Orders (England & Wales) v Preservation of Property Measures (China) |
|
|
544 | (8) |
|
Comparative Analysis - Interim Injunctions (England & Wales) v Preservation of Behaviour Measures (China) |
|
|
552 | (11) |
|
Comparative Analysis - Search Orders (England & Wales) v Preservation of Evidence Measures (China) |
|
|
563 | (8) |
|
Theory Relevant to Comparative Analysis of Interim Measures |
|
|
571 | (5) |
|
Difference between Visible and Invisible Factors |
|
|
571 | (1) |
|
|
|
571 | (1) |
|
Comparative Procedural Law Relevant to Interim Measures |
|
|
572 | (3) |
|
Discretionary Power and Human Angle - A Key Factor Relevant to Interim Measures |
|
|
575 | (1) |
|
Invisible Factors and Contexts - Comparative Analysis of Their Influence on Seeking Interim Measures from Courts |
|
|
576 | (24) |
|
Effects on Legal Practice |
|
|
576 | (1) |
|
Invisible Factor of the Historical Evolution of Substantive and Procedural Law |
|
|
577 | (4) |
|
Invisible Factor of the Historical Evolution of Injunctions and Preservation Measures |
|
|
581 | (1) |
|
Invisible Factor of Jurisprudence |
|
|
582 | (5) |
|
Invisible Factor of the Legal Philosophy of Civil Litigation |
|
|
587 | (3) |
|
Invisible Factor of Philosophy of Finding Truth in Judicial Practice |
|
|
590 | (3) |
|
Invisible Factor of the Concept of Standards of Proof |
|
|
593 | (5) |
|
Invisible Factor of the Discretionary Power of Judges |
|
|
598 | (2) |
|
|
|
600 | (3) |
| References |
|
603 | (13) |
| Index |
|
616 | |
