Electronic evidence in civil and commercial dispute resolution : a comparative perspective of UNCITRAL, the European Union, Germany and Vietnam / Quynh Anh Tran.
Trà̂n, Quỳnh Anh, author.
2022
K2269.5
Available Online

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Title Electronic evidence in civil and commercial dispute resolution : a comparative perspective of UNCITRAL, the European Union, Germany and Vietnam / Quynh Anh Tran.
Author Trà̂n, Quỳnh Anh, author.
ISBN 9783031185724 (electronic bk.)
3031185722 (electronic bk.)
9783031185717
3031185714
DOI https://doi.org/10.1007/978-3-031-18572-4
Published Cham, Switzerland : Sprinter Nature, [2022]
Language English
Description 1 online resource (xviii, 295 pages).
Other Standard Identifiers 10.1007/978-3-031-18572-4 doi
Call Number K2269.5
Dewey Decimal Classification 347/.064
Summary "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."-- Provided by publisher
Bibliography, etc. Note Includes bibliographical references.
Access Note Access limited to authorized users.
Source of Description Description based on print version record.
Series European yearbook of international economic law. EYIEL monographs ; v. 27.
Available in Other Form Electronic evidence in civil and commercial dispute resolution.
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Intro
Preface
Contents
About the Author
Acronyms
1 Introduction
1.1 Research Problems and Objectives
1.2 The Scope and Structure of the Book
Reference
2 The Legal Sources of UNCITRAL, the EU, Germany and Vietnam on Electronic Evidence in Civil and Commercial Dispute Resolution
2.1 The Legal Provisions Developed by UNCITRAL on Electronic Evidence
2.1.1 The UNCITRAL Legal Texts on Electronic Commerce
2.1.1.1 The UNCITRAL Model Law on Electronic Commerce of 1996 (Additional Article 5 Bis Adopted in 1998)

2.1.1.2 The UNCITRAL Model Law on Electronic Signatures of 2001
2.1.1.3 The United Nations Convention on the Use of Electronic Communications in International Contracts of 2005
2.1.1.4 The UNCITRAL Model Law on Electronic Transferable Records of 2017
2.1.2 The UNCITRAL Legal Texts on Arbitration
2.1.2.1 UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958
2.1.2.2 UNCITRAL Model Law on International Commercial Arbitration of 1985 (Amended in 2006)
2.1.2.3 UNCITRAL Arbitration Rules
2.1.3 UNCITRAL Technical Notes on Online Dispute Resolution

2.2 The Legal Sources of the EU on Electronic Evidence in Civil Proceedings
2.2.1 European Legislation on Electronic Commerce
2.2.1.1 Directive 1999/93/EC of 13 December 1999 on a Community Framework for Electronic Signatures (Directive on Electronic Signatures)
2.2.1.2 Regulation 910/2014 of 23 July 2014 on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market and Repealing Directive 1999/93/EC (eIDAS Regulation 910/2014)

2.2.1.3 Directive 2000/31/EC of 8 June 2000 on Certain Legal Aspects of Information Society Services, in Particular Electronic Commerce, in the Internal Market (Electronic Commerce Directive)
2.2.1.4 Directive 2011/83/EU of 25 October 2011 on Consumer Rights, Amending Council Directive 93/13/EEC and Directive 1999/44/EC and Repealing Council Directive 85/577/EEC and Directive 97/7/EC (Directive on Consumer Rights)

2.2.1.5 Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation-GDPR)
2.2.2 European Legislation on Civil Procedure
2.3 The Autonomous Law of Germany on Electronic Evidence in Civil Proceedings
2.3.1 German Autonomous Law on Electronic Commerce
2.3.2 German Autonomous Law on Civil Procedure
2.4 The Autonomous Law of Vietnam on Electronic Evidence in Civil Proceedings
2.4.1 The Historical Development of Vietnamese Civil Procedure Law

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