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Principles of Transnational Civil Procedure

$48.99 (P)

    • Date Published: January 2007
    • availability: Available
    • format: Paperback
    • isbn: 9780521706148

    $ 48.99 (P)

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    About the Authors
    • 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.

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      Product details

      • Date Published: January 2007
      • format: Paperback
      • isbn: 9780521706148
      • length: 242 pages
      • dimensions: 229 x 152 x 13 mm
      • weight: 0.33kg
      • availability: Available
    • Table of Contents

      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
      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).

    • Corporation

      American Law Institute
      The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and teachers known as The Committee on the Establishment of a Permanent Organization for the Improvement of the Law. The Committee's recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute. Its incorporators included Chief Justice and former President William Howard Taft, future Chief Justice Charles Evans Hughes and former Secretary of State Elihu Root.

      American Law Institute

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