Comparative analysis and concluding remarks

Fernando Gascón Inchausti, Astrid Stadler and Magne Strandberg

Chapter 10 in Access to Evidence in Civil Procedure, 2026, pp 252-297 from Edward Elgar Publishing

Abstract: The Chapter will set up comparative analysis based on the previous Chapters of the book. The analysis will first and foremost rely on the analysis of national law, but the European framework will of course be of relevance as well as the findings from the Chapters on arbitration and application of US discovery. The overarching question for this Chapter is whether the apparently massive differences between procedural traditions in Europe are as massive as they appear to be. While the authors find that very significant differences still are found between some of the jurisdictions dealt with, the differences have diminished both because of national developments and sector-specific developments initiated by the EU.

Keywords: Comparisons; Influences of EU Law; Pre-trial duties; Orders towards third parties; Timing of access to evidence orders; Sanctions of non-disclosure (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336128
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