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Principles of Transnational Civil Procedure

Principles of Transnational Civil Procedure

Author: The American Law Institute;UNIDROIT
Publisher: Cambridge University Press
ISBN: 9780521706148
Published In: May 2007
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The American Law Institute and UNIDROIT (International Institute for the Unification of Private Law) are preeminent organizations working toward the clarification and advancement of the procedural rules of law. Recognizing the need for a ‘universal’ set of procedures that would transcend national jurisdictional rules and facilitate the resolution of disputes arising from transnational commercial transactions, Principles and Rules of Transnational Civil Procedure was launched to create a set of rules and principles that would be accepted globally.
This work strives to reduce uncertainty for parties obliged to litigate in unfamiliar surroundings and promote fairness in judicial judgments. As recognized standards of civil justice, Principles and Rules of Transnational Civil Procedure can be used in pleadings, development, and presentation of evidence, legal argument, and tribunal judgments such as arbitration. The result is a work which significantly contributes to the promotion of a universal rule of law norm.
Contents:
Foreword
Preface
Introduction; Part I. Principles of Transnational Civil Procedure (with commentary) Scope and Implementation:
1. Independence, impartiality, and competence
2. Jurisdiction over parties
3. Procedural equality of the parties
4. Right to engage a lawyer
5. Due notice and right to be heard
6. Languages
7. Prompt rendition of justice
8. Provisional and protective measures
9. Structure of the proceedings
10. Party initiative and scope of the proceeding
11. Obligations of the parties and lawyers
12. Multiple claims and parties intervention
13. Amicus Curiae submission
14. Court responsibility for direction of the proceeding
15. Dismissal and default judgment
16. Access to information and evidence
17. Sanctions
18. Evidentiary privileges and immunities
19. Oral and written presentations
20. Public proceedings
21. Burden and standard of proof
22. Responsibility for determinations of fact and law
23. Decision and reasoned explanation
24. Settlement
25. Costs
26. Immediate enforceability of judgments
27. Appeal
28. Lis Pendens and Res Judicata
29. Effective enforcement
30. Recognition
31. International judicial cooperation
Part II. Rules of Transnational Civil Procedure (with commentary):
1. Standards of interpretation
2. Disputes to which these rules apply
3. Forum and territorial competence
4. Jurisdiction over parties
5. Multiple claims and parties
intervention
6. Amicus Curiae Submission
7. Due notice
8. Languages
9. Composition of the court
10. Impartiality of the court
11. Commencement of the proceeding and notice
12. Statement of claim (complaint)
13. Statement of defense and counterclaims
14. Amendments
15. Dismissal and default judgment
16. Settlement offer
17. Provisional and protective measures
18. Case management
19. Early court determinations
20. Orders directed to a third person
21. Disclosure
22. Exchange of evidence
23. Deposition and testimony by affidavit
24. Public proceedings
25. Relevance and admissibility of evidence
26. Expert evidence
27. Evidentiary privileges
28. Reception and effect of evidence
29. Concentrated final hearing
30. Record of the evidence
31. Final discussion and judgment
32. Costs
33. Appellate review
34. Rescission of judgment
35. Enforcement of judgment
36. Recognition and judicial assistance
Appendix 1: Principles (without commentary)
Appendiix 2: Rules (without commentary).