Subjects:

Conflict of Laws

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).

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.