Principles of Transnational Civil Procedure

ISBN-13: 9780521706148 / Angielski / Miękka / 2007 / 242 str.

Opis

The ALI (American Law Institute) and UNIDROIT (the International Institute for the Unification of Private Law) are preeminent organizations working together 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 of Transnational Civil Procedure was launched to create a set of procedural rules and principles that would be adopted globally. This work strives to reduce uncertainty for parties that must litigate in unfamiliar surroundings and to promote fairness in judicial proceedings. As recognized standards of civil justice, Principles of Transnational Civil Procedure can be used in judicial proceedings as well as in arbitration. The result is a work that significantly contributes to the promotion of a universal rule of procedural law.
The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and law professors. Their recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute.
UNIDROIT was founded in 1926 as a specialized agency of the League of Nations. It exists as an independent intergovernmental organization on the basis of a multilateral agreement, the UNIDROIT Statute. Its purpose is to study needs and methods for modernizing, harmonizing, and coordinating private laws between states and groups of states and to prepare legislative texts for consideration by governments."

Spis treści

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).