Comparative Analysis of Interim Measures - Interim Remedies (England & Wales) v Preservation Measures (China)

Interim remedies and provisional measures are a critical component of civil/commercial litigation and arbitration. The objective of this book is to set out not just the law and practice in relation to the primary interim remedies and preservation measures available in England & Wales and China, but also to provide the comparative analysis between the two jurisdictions concerning these interim measures.

The system for interim remedies in England & Wales is well-established, but preservation measures in China are a work in progress and many differences exist between the two legal systems, both in terms of theory and practice. For example, China does not recognise the general concept of interim measures, if looked at from the English law point of view, though it does have similar concepts of Property preservation, evidence preservation and behaviour preservation. China has recently adopted Chinese Civil Code 2020 and in writing this book the authors have incorporated all the relevant elements from the new Code. There is no equivalent of Practice Directions in China, and this book provides provide much needed clarity on this area, drawing together the law and guidance which is presently scattered across numerous local courts in the different provinces.

This is an important book that is likely to have a significant impact on existing scholarship regarding interim remedies in England, Wales and China, and be of interest of all parties involved in cross-border litigation. Its readership will include industry professionals, academics, policy-makers and government officials.

Dr. Capt. Vivek Jain is currently a Director (Marine Services) of a well-renowned firm in Singapore, where he handles and pursues commercial and maritime international arbitrations in various International forums. He has qualified as a Barrister in England & Wales. He is also a Master Mariner (unlimited) UK and have worked on merchant ships including tankers and bulk carriers. He also taught Commercial and Maritime Law in University of Plymouth for a few years and regularly lectures on Comparative Law, Commercial Law & Maritime Law across the globe.

Thomas Macey-Dare QC is an English commercial barrister and a member of Quadrant Chambers in London. He specialises in shipping, shipbuilding, energy, international trade, insurance and international arbitration. He is recognised as a leading practitioner by the Legal 500 in Commodities and Shipping, and by Chambers & Partners in Shipping & Commodities. He represents shipowners, commodity traders, shipyards, underwriters, salvors, energy companies, banks and other commercial clients, in the Business & Property Courts of England and Wales (Commercial Court, Admiralty Court & Chancery Division), the Court of Appeal, and international commercial arbitrations. He is particularly skilled at handling cases involving complex commercial transactions and technical expert issues. He also specialises in emergency applications for interim relief, including freezing and antisuit injunctions.

Dr Shengnan Jia is a partner at a well-known Tahota Law Firm (Legal 500) based out of Beijing. She specialises in commercial law and maritime law. Over the years, she has disposed of many cases in the Supreme People’s Court, High courts of different provinces in China and in various International arbitration forums. Dr. Jia holds memberships of professional arbitration forums such as HIAC, ZCIA (China), LMAA (London), CAS (Switzerland), EDAC (Turkey) and had been invited as a Chinese expert witness to submit an Expert Report to LCIA.