What are the differences between civil law and common law in international litigation?

International litigation involves resolving conflicts between parties of different countries or regions. In most international disputes, two distinct legal systems apply: civil law and common law. Civil law systems are based on codified law that is written in a code and passed by a legislative body. Common law systems rely on court decisions made by judges in prior cases to decide current disputes. Civil law systems are more consistent, and principles are based on a set of codes that are applied to any cases of a similar nature. In a civil law system, judges are required to follow the code and cannot deviate from it. The laws in civil law systems are more strictly enforced, as they are codified and well-defined. Common law systems rely more on case law than codes, and they allow judges more flexibility with their decisions. The law is created through the decisions of judges in similar cases, so the laws are based on specific facts of the case. The laws can change or develop over time in a common law system, as the decisions of each case can affect the next one. Ultimately, legal systems in the different countries or regions of the world will have different approaches to international litigation. Civil law systems are very consistent, while common law systems are more flexible in adapting based on the facts of a case. In either system, though, international litigation can involve a great deal of complexity as different countries or regions may have different laws and court proceedings.

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What are the differences between civil law and common law in international litigation?

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