Cartea "Principles of Transnational Civil Procedure"

Principles of Transnational Civil Procedure   Inchide

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 acceptable 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).

Inchide