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.

Vivek JainDr. 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 also handles large claims on behalf of clients of his firm on various marine insurance products. He has also been appointed as arbitrators on various commercial and maritime disputes and is also a Committee Member of arbitration institutions for number of years. As a result of nature of his work that involves cross-border litigation/arbitration work, he has developed an expertise in Comparative Law backed by pursuing Ph.D. from prestigious CUPL, Beijing in the topic of Comparative Analysis of Court’s Pre-judgment Power in England & Wales and China. He has worked for many years in London, Shanghai, Hong Kong, Singapore in law firm and insurance companies as a lawyer. 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.Over the years, he has pursued LL.B. (Hons.), LL.M. (Maritime Law) with merit from University of London, B.V.C. (Very Competent) (London), M.B.A. (Norway), PGC in Compliance (Singapore) PGCE (Singapore), B.Sc. (N. Sc.) (India) from a very selective & prestigious T.S. Rajendra College of Nautical Science. He has recently authored a book ‘Common Law v Chinese Law’, and edited a book, Imprints of History, Religions & Revolutions on Law – Perspectives from Prominent Jurisdictions. He would like to be called as a ‘problem solver’ by his clients.Thomas Macey-DareThomas 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.Tom was educated at Stonyhurst College, the University of Cambridge (BA (Hons) 1990, LLM 1991, MA 1994), Cornell Law School (LLM 1992), and the Inns of Court School of Law. He was called to the Bar of England and Wales in 1994 and appointed Queen’s Counsel in 2018. He was admitted as an attorney in the