Principles Of Transnational Civil Procedure

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Principles of Transnational Civil Procedure

American Law Institute
Principles of Transnational Civil Procedure Book PDF

Author : American Law Institute
Publisher : Cambridge University Press
Page : 248 pages
File Size : 53,7 Mb
Release : 2005-12-12
Category : Law
ISBN : 1139448587

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Principles of Transnational Civil Procedure by American Law Institute Pdf

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.

Principles of Transnational Civil Procedure

Anonim
Principles of Transnational Civil Procedure Book PDF

Author : Anonim
Publisher : Unknown
Page : 177 pages
File Size : 50,6 Mb
Release : 2006
Category : Civil procedure
ISBN : OCLC:269286958

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Principles of Transnational Civil Procedure by Anonim Pdf

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.

ELI DS Unidroit Model European Rules of Civil Procedure

European Law Institute
ELI DS Unidroit Model European Rules of Civil Procedure Book PDF

Author : European Law Institute
Publisher : Oxford University Press
Page : 369 pages
File Size : 41,6 Mb
Release : 2021
Category : Law
ISBN : 9780198866589

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ELI DS Unidroit Model European Rules of Civil Procedure by European Law Institute Pdf

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure.

The Future of Transnational Civil Litigation

Mads Tønnesson Andenæs,Neil Andrews,Renato Nazzini
The Future of Transnational Civil Litigation Book PDF

Author : Mads Tønnesson Andenæs,Neil Andrews,Renato Nazzini
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 41,7 Mb
Release : 2004
Category : Actions and defenses
ISBN : 0903067978

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The Future of Transnational Civil Litigation by Mads Tønnesson Andenæs,Neil Andrews,Renato Nazzini Pdf

English responses to the ALI/UNIDROIT Draft Principles and Rules of Transnational Civil Procedure.

ELI – Unidroit Model European Rules of Civil Procedure

European Law Institute,UNIDROIT
ELI Unidroit Model European Rules of Civil Procedure Book PDF

Author : European Law Institute,UNIDROIT
Publisher : Oxford University Press
Page : 448 pages
File Size : 49,8 Mb
Release : 2021-08-19
Category : Law
ISBN : 9780192636393

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ELI – Unidroit Model European Rules of Civil Procedure by European Law Institute,UNIDROIT Pdf

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (Unidroit), dealing with civil procedure law. The long-term project began in February 2014, as a joint endeavour to adapt the American Law Institute/Unidroit Principles of Transnational Civil Procedure to the European legal environment, and ended in 2020 with the approval of the ELI-Unidroit Model European Rules of Civil Procedure. Featured in this volume, the Rules are accompanied by comments. They take into account the diverse traditions in Europe concerning civil procedure law and aim to find a common thread in them. Therefore, they not only consider the similarities but also the differences in order to gain a solution that does not favour one legal system but combines aspects of them all, fostering effectiveness and fairness in civil procedure. This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read on Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations.

Civil Litigation in a Globalising World

X.E. Kramer,C.H. van Rhee
Civil Litigation in a Globalising World Book PDF

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 50,5 Mb
Release : 2012-02-01
Category : Law
ISBN : 9789067048170

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Civil Litigation in a Globalising World by X.E. Kramer,C.H. van Rhee Pdf

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

Principles of Transnational Civil Procedure

American Law Institute
Principles of Transnational Civil Procedure Book PDF

Author : American Law Institute
Publisher : Cambridge University Press
Page : 242 pages
File Size : 40,9 Mb
Release : 2007-01-29
Category : Law
ISBN : 0521706149

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Principles of Transnational Civil Procedure by American Law Institute Pdf

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.

Transnational Civil Litigation

George Rutherglen
Transnational Civil Litigation Book PDF

Author : George Rutherglen
Publisher : Foundation Press
Page : 128 pages
File Size : 54,5 Mb
Release : 2016-09-19
Category : Electronic
ISBN : 1634595009

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Transnational Civil Litigation by George Rutherglen Pdf

This text on transnational civil litigation presents the basic legal doctrine within a larger, illuminating conceptual framework. The book organizes the subject around three basic concepts: national sovereignty, individual rights, and political accountability. After highlighting the unique problems of litigation across national boundaries, the book explores the essential role of individual rights, especially due process and substantive human rights. It then examines the role of the political branches of government in enacting the statutes and treaties that govern transnational litigation. These three concepts play out in the following chapters: Introductory chapters on jurisdiction in three different senses: personal jurisdiction; prescriptive jurisdiction (especially extraterritoriality); and federal subject-matter jurisdiction. A chapter on foreign sovereigns as litigants, concerned with sovereign immunity and the act of state doctrine. Two chapters on procedure in pending cases, one on service of process and discovery, and another on parallel proceedings, concerned with forum non conveniens, stays, and anti-suit injunctions. Two final chapters addressed to the resolution of disputes, through recognition of foreign judgments and enforcement of arbitration agreements and awards.

Transnational Civil Litigation

Joachim Zekoll,Michael G. Collins,George Rutherglen
Transnational Civil Litigation Book PDF

Author : Joachim Zekoll,Michael G. Collins,George Rutherglen
Publisher : West Academic Publishing
Page : 0 pages
File Size : 42,8 Mb
Release : 2013
Category : Actions and defenses
ISBN : 0314908137

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Transnational Civil Litigation by Joachim Zekoll,Michael G. Collins,George Rutherglen Pdf

This Casebook addresses the global dimension of civil procedure. The authors provide a unique comparative perspective on international litigation. This very teachable set of materials is designed to be accessible to Civil Procedure teachers who wish to teach the course, and it is also suitable for current teachers of transnational litigation. Topics include personal jurisdiction; cross-border service of process; subject matter jurisdiction; taking of evidence abroad; problems of choice of forum, choice of law and parallel proceedings; recognition and enforcement of foreign judgments; international arbitration; and foreign sovereign immunities.

Uniform Law Review: Principles and Rules of Transnational Civil Procedure

Bryan Alan Beaumont,Patrick J Rohan
Uniform Law Review Principles and Rules of Transnational Civil Procedure Book PDF

Author : Bryan Alan Beaumont,Patrick J Rohan
Publisher : Unknown
Page : 1128 pages
File Size : 50,9 Mb
Release : 2002
Category : Electronic
ISBN : OCLC:214959222

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Uniform Law Review: Principles and Rules of Transnational Civil Procedure by Bryan Alan Beaumont,Patrick J Rohan Pdf

"This contribution will address four aspects of the relationship of the ALI/Unidroit Draft Principles of Transnational Civil Procedure ('the Draft Principles") to Australian national "background" law: the "ambience" (the curial environment); the "techniques" (the practice and procedure used in the forensic process); specific "analogues" (particular comparisons); and "denouement" (the outcome of practical application of the Draft Principles in Australia)... " From Introduction on p. 1.

European Rules of Civil Procedure

Astrid Stadler,Vincent Smith,Fernando Gascón Inchausti
European Rules of Civil Procedure Book PDF

Author : Astrid Stadler,Vincent Smith,Fernando Gascón Inchausti
Publisher : Edward Elgar Publishing
Page : 785 pages
File Size : 47,6 Mb
Release : 2023-11-03
Category : Law
ISBN : 9781800887848

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European Rules of Civil Procedure by Astrid Stadler,Vincent Smith,Fernando Gascón Inchausti Pdf

European Rules of Civil Procedure sets out a clear examination of the rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the substantial comparative knowledge of its authors.

General Principles of Law and International Due Process

Charles T. Kotuby, Jr.,Luke A. Sobota,Center for International Legal Education (CILE) University of Pittsburgh School of Law
General Principles of Law and International Due Process Book PDF

Author : Charles T. Kotuby, Jr.,Luke A. Sobota,Center for International Legal Education (CILE) University of Pittsburgh School of Law
Publisher : Oxford University Press
Page : 288 pages
File Size : 51,7 Mb
Release : 2017-02-10
Category : Law
ISBN : 9780190642716

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General Principles of Law and International Due Process by Charles T. Kotuby, Jr.,Luke A. Sobota,Center for International Legal Education (CILE) University of Pittsburgh School of Law Pdf

Article 38 of the Statute of the International Court of Justice defines "international law" to include not only "custom" and "convention" between States but also "the general principles of law recognized by civilized nations" within their municipal legal systems. In 1953, Bin Cheng wrote his seminal book on general principles, identifying core legal principles common to various domestic legal systems across the globe. This monograph summarizes and analyzes the general principles of law and norms of international due process, with a particular focus on developments since Cheng's writing. The aim is to collect and distill these principles and norms in a single volume as a practical resource for international law jurists, advocates, and scholars. The information contained in this book holds considerable importance given the growth of inter-state intercourse resulting in the increased use of general principles over the past 60 years. General principles can serve as rules of decision, whether in interpreting a treaty or contract, determining causation, or ascertaining unjust enrichment. They also include a core set of procedural requirements that should be followed in any adjudicative system, such as the right to impartiality and the prohibition on fraud. Although the general principles are, by definition, basic and even rudimentary, they hold vital importance for the rule of law in international relations. They are meant not to define a rule of law, but rather the rule of law.

Transnational Tort Litigation

Campbell McLachlan,Peter Edward Nygh
Transnational Tort Litigation Book PDF

Author : Campbell McLachlan,Peter Edward Nygh
Publisher : Oxford University Press
Page : 298 pages
File Size : 44,9 Mb
Release : 1996
Category : Law
ISBN : 0198259190

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Transnational Tort Litigation by Campbell McLachlan,Peter Edward Nygh Pdf

The scope and application of the rules of civil jurisdiction is of immense practical importance in the conduct of transnational tort cases. Frequently such rules can dictate whether the plaintiff has an effective remedy or not and the shape of the ensuing litigation. The incidence of transborder harms is on the increase. One need only think of transboundary pollution (for example, fall-out from Chernobyl, the determination of proper forum for litigation of the Bhopal dispute); the rise in complex international fraud (Guinness, Ferranti, BCCI); the increase in scope for product liability and intellectual property litigation in international commerce; and transnational personal injury cases arising from the increased flow of persons across national borders. These practical problems give rise to difficult legal issues, which existing domestic rules of jurisdiction may be ill-equipped to resolve. In this timely collection of original articles a leading team of contributors assess existing legal provisions and examine the prospects for reform.

Judicial Case Management and Efficiency in Civil Litigation

C. H. van Rhee
Judicial Case Management and Efficiency in Civil Litigation Book PDF

Author : C. H. van Rhee
Publisher : Unknown
Page : 0 pages
File Size : 47,7 Mb
Release : 2008
Category : Actions and defenses
ISBN : 9050957579

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Judicial Case Management and Efficiency in Civil Litigation by C. H. van Rhee Pdf

This book addresses judicial case management and issues of efficiency in civil litigation. Apart from France, the focus is on the issues in three comparatively small jurisdictions which are often ignored in the international legal debate - Scotland, Belgium, and the Netherlands. In addition, the ALI /Unidroit Principles of Transnational Civil Procedure and the Storme Report are considered. The volume also contains a contribution on the history of case management in Europe from the end of the 19th century. The book shows that effective judicial case management is likely to flourish in an environment where: (1) the rules of civil procedure do not prescribe a uniform procedural framework for each and every case, but differentiate between different types of cases; (2) these rules leave the judge with the necessary discretion to manage individual cases - preferably in close co-operation with the parties - and the caseload as a whole; (3) this discretion is only exercised to promote certain well-defined goals - in particular, efficiency, appropriate speed, and moderate cost; (4) the parties and their lawyers have a duty and the necessary incentives to cooperate; (5) there are adequate sanctions in respect of parties and lawyers who refuse to cooperate; and (6) courts are provided with adequate resources in order to create an environment where judges and highly qualified court staff can manage cases within a organizational framework that meets contemporary needs and standards.

ELI-UNIDROIT Model European Rules of Civil Procedure

European Law Institute,International Institute for the Unification of Private Law
ELI UNIDROIT Model European Rules of Civil Procedure Book PDF

Author : European Law Institute,International Institute for the Unification of Private Law
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2021
Category : Civil procedure
ISBN : 0192636383

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ELI-UNIDROIT Model European Rules of Civil Procedure by European Law Institute,International Institute for the Unification of Private Law Pdf

This volume was developed as part of a cooperative project of the European Law Institute (ELI) and the International Institute for the Unification of Private Law (UNIDROIT), dealing with civil procedure law. The long-term project began in February 2014 and ended in February 2020.