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Frontiers in Civil Justice

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Frontiers in Civil Justice

Privatisation, Monetisation and Digitisation

9781802203813 Edward Elgar Publishing
Edited by Xandra Kramer, Professor of Private Law, Erasmus School of Law, Erasmus University Rotterdam and Professor of Private International Law, Utrecht University, Jos Hoevenaars, Betül Kas and Erlis Themeli, Postdoc Researchers, Erasmus School of Law, Erasmus University Rotterdam, the Netherlands
Publication Date: 2022 ISBN: 978 1 80220 381 3 Extent: 320 pp
This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

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This book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.

Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.

Critical Acclaim
‘This truly topical book explores three new frontiers on the route to an efficient, cost-effective, and fair dispute resolution system adjusted to the needs of the 21st century. One of the most innovative teams of European researchers led by Xandra Kramer continues to build bridges between the old topic of access to justice and exciting contemporary challenges.’
– Alan Uzelec, Zagreb University, Croatia

‘Frontiers in Civil Justice is the fruit of a five-year project examining innovation and access to justice. Ranging from ADR, to digital justice and AI’s potential role in delivering justice, to the perennial topic of collective redress, each chapter is insightful and thought-provoking. This is a richly detailed work that repays careful study.’
– John Sorabji, University College London, UK

‘Frontiers in Civil Justice provides a fulsome account of contemporary European directives, initiatives, and case law aiming to revamp the modes by which claimants can seek remedies. Readers learn of an array of initiatives – from funding for collective redress to mandates that individuals use web-based alternatives to courts. The authors illuminate debates about whether and how these innovations can produce fair decisions and about how the public will be able to understand their import and impact.’
– Judith Resnik, Yale Law School, US
Contributors
Contributors: Masood Ahmed, Naomi Appelman, Martin Ebers, Ronan Fahy, Marco Giacalone, Catalina Goanta, Natali Helberger, Jos Hoevenaars, Betül Kas, Xandra Kramer, Nicolas Kyriakides, Anna Nylund, Pietro Ortolani, Catherine Piché, Anna Plevri, Seyedeh Sajedeh Salehi, Astrid Stadler, Erlis Themeli, Ilja Tillema, Joanna van Duin, Joris van Hoboken, Stefaan Voet, Brahim Zarouali, Yomna Zentani
Contents
Contents:

Preface xii
1 Frontiers in civil justice – privatising, digitising and
funding justice 1
Xandra Kramer, Jos Hoevenaars and Erlis Themeli

PART I ADR AND THE COURTS – SHAPING THE
INTERACTION BETWEEN PUBLIC AND
PRIVATE JUSTICE
2 The untapped potential of a structured interaction between
courts and ADR for the resolution of consumer disputes in the EU 22
Betül Kas
3 Formal and informal justice in Belgium 40
Stefaan Voet
4 Formulating a more principled approach to ADR within
the English civil justice system 61
Masood Ahmed
5 Alternative dispute resolution, justice and accountability in
Norwegian civil justice 81
Anna Nylund

PART II DIGITSING PRIVATE AND PUBLIC JUSTICE
6 The frontiers of digital justice in Europe 102
Erlis Themeli
7 AI and access to justice: An expansion of Adrian
Zuckerman’s findings 121
Nicolas Kyriakides, Anna Plevri and Yomna Zentani
8 Automating due process – the promise and challenges of
AI-based techniques in consumer online dispute resolution 142
Martin Ebers
9 E-negotiation in the EU: Current experiences, challenges,
and new scenarios 169
Marco Giacalone and Seyedeh Sajedeh Salehi
10 Unpacking content moderation: The rise of social media
platforms as online civil courts 193
Catalina Goanta and Pietro Ortolani
11 Access to digital justice: In search of an effective remedy
for removing unlawful online content 218
Naomi Appelman, Joanna van Duin, Ronan Fahy, Joris
van Hoboken, Natali Helberger and Brahim Zaroual

PART III COLLECTIVISING AND MONETISING CIVIL
LITIGATION
12 Dutch collective actions and the rise of entrepreneurial
actors: Navigating between access to justice and a claim culture 239
Ilja Tillema
13 German collective actions – is litigation funding in a dead end? 260
Astrid Stadler
14 Transparency and oversight of class actions funding in Canada 277
Catherine Piché

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