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.
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A Comparative Perspective of UNCITRAL, the European Union, Germany and Vietnam
Produktdetaljer
ISBN
9783031185724
Publisert
2024
Utgiver
Vendor
Springer
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter