Uniform Law Review Principles And Rules Of Transnational Civil Procedure

Author : American Law Institute
Publisher : Cambridge University Press
Page : 248 pages
File Size : 46,8 Mb
Release : 2005-12-12
Category : Law
ISBN : 1139448587

Get Book

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.

Author : Anonim
Publisher : Unknown
Page : 998 pages
File Size : 52,5 Mb
Release : 2004
Category : Civil law
ISBN : STANFORD:36105063235514

Get Book

Revue de droit uniforme by Anonim Pdf

Author : Anonim
Publisher : Unknown
Page : 177 pages
File Size : 51,5 Mb
Release : 2006
Category : Civil procedure
ISBN : OCLC:269286958

Get Book

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.

Author : Mads Tønnesson Andenæs,Neil Andrews,Renato Nazzini
Publisher : British Institute for International & Comparative Law
Page : 0 pages
File Size : 43,7 Mb
Release : 2004
Category : Actions and defenses
ISBN : 0903067978

Get Book

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.

Author : American Law Institute
Publisher : Cambridge University Press
Page : 242 pages
File Size : 42,5 Mb
Release : 2007-01-29
Category : Law
ISBN : 0521706149

Get Book

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.

Author : Lena Peters
Publisher : Kluwer Law International B.V.
Page : 260 pages
File Size : 43,7 Mb
Release : 2023-10-25
Category : Law
ISBN : 9789403515670

Get Book

International Institute for the Unification of Private Law (UNIDROIT) by Lena Peters Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the structure, competence, and management of International Institute for the Unification of Private Law (UNIDROIT) provides substantial and readily accessible information for lawyers, academics, and policymakers likely to have dealings with its activities and data. No other book gives such a clear, uncomplicated description of the organization’s role, its rules and how they are applied, its place in the framework of international law, or its relations with other organizations. The monograph proceeds logically from the organization’s genesis and historical development to the structure of its membership, its various organs and their mandates, its role in intergovernmental cooperation, and its interaction with decisions taken at the national level. Its competence, its financial management, and the nature and applicability of its data and publications are fully described. Systematic in presentation, this valuable time-saving resource offers the quickest, easiest way to acquire a sound understanding of the workings of International Institute for the Unification of Private Law (UNIDROIT) for all interested parties. Students and teachers of international law will find it especially valuable as an essential component of the rapidly growing and changing global legal milieu.

Author : European Law Institute
Publisher : Oxford University Press
Page : 369 pages
File Size : 44,6 Mb
Release : 2021
Category : Law
ISBN : 9780198866589

Get Book

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.

Author : Julian Bickmann
Publisher : Kluwer Law International B.V.
Page : 247 pages
File Size : 54,8 Mb
Release : 2022-12-09
Category : Law
ISBN : 9789403519869

Get Book

Fact-Finding in International Arbitration by Julian Bickmann Pdf

Establishing a factual basis on which to apply the law can be an extraordinarily challenging process, and perhaps more so in international arbitration than in any other proceedings, due to the very different notions of fact-finding that prevail among jurisdictions. This important book assesses, for the first time, the contours of an emerging transnational law of fact-finding that promises to greatly enhance the efficiency and reliability of this crucial arbitral procedure. In his analysis, focusing on bases that reflect current (but fluid) transnational practice, the author assembles a viable lex evidentiae from an in-depth examination and synthesis of the following bodies of source material: published arbitration proceedings and awards; the general framework of fact-finding issues as provided for under the arbitration acts of England and Wales, the United States, Germany, Brazil, Spain, Switzerland, Austria, and Italy, as well as under the Model Law; fact-finding stipulations under UNCITRAL Arbitration Rules as well as under various institutional rules; soft law (such as the IBA Rules, Prague Rules, ALI/UNIDROIT Principles of Transnational Civil Procedure); best practices as captured by legal commentary; and investment arbitration proceedings, where many decisions and awards are nowadays publicly available. In the course of the analysis, a comprehensive description and analysis of what fact-finding entails, including both gathering of facts and taking of evidence, is fully elaborated. Given that it is an essential task of international arbitration proceedings to define the disagreements between the parties and seek to determine the truth, the international arbitration community must be able to rely on a robust, consistent, and predictable, albeit flexible and adaptive, set of fact-finding rules. Against this background, the present study not only provides a stocktaking of current practice but also makes a signal contribution to meeting the need for legal certainty and reliability in international arbitration.

Author : X.E. Kramer,C.H. van Rhee
Publisher : Springer Science & Business Media
Page : 381 pages
File Size : 45,5 Mb
Release : 2012-02-02
Category : Law
ISBN : 9789067048163

Get Book

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.

Author : Neil Andrews
Publisher : Springer Science & Business Media
Page : 298 pages
File Size : 48,6 Mb
Release : 2011-09-28
Category : Law
ISBN : 940072294X

Get Book

The Three Paths of Justice by Neil Andrews Pdf

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

Author : Pablo Cortés
Publisher : Oxford University Press
Page : 512 pages
File Size : 55,5 Mb
Release : 2016-12-01
Category : Law
ISBN : 9780191079085

Get Book

The New Regulatory Framework for Consumer Dispute Resolution by Pablo Cortés Pdf

Consumer out-of-court redress in the European Union is experiencing a significant transformation; indeed the current changes are the most important that have occurred in the history of the EU. This is due to the recent implementation of the Alternative Dispute Resolution (ADR) Directive 2013/11/EU and the Online Dispute Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures the availability of quality ADR schemes and sets information obligations on businesses, and the Regulation enables the resolution of consumer disputes through a pan European ODR platform. The New Regulatory Framework for Consumer Dispute Resolution examines the impact of the new EU law in the field of consumer redress. Part I of the volume examines the new European legal framework and the main methods of consumer redress, including mediation, arbitration, and ombudsman schemes. Part II analyses the implementation of the ADR Directive in nine Member States with very different legal cultures in consumer redress, namely: Belgium, Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands and the UK, as well as the distinct approach taken in the US. Part III evaluates new trends in consumer ADR (CDR) by identifying best practices and looking at future trends in the field. In particular, it offers a vision of the future of CDR which is more than a mere dispute resolution tool, it poses a model on dispute system design for CDR, it examines the challenges of cross-border disputes, it proposes a strategy to promote mediation, and it identifies good practices of CDR and collective redress. The book concludes by calling for the mandatory participation of traders in CDR.

Author : Verónica Ruiz Abou-Nigm
Publisher : Oxford University Press, USA
Page : 306 pages
File Size : 48,5 Mb
Release : 2011-11-17
Category : Law
ISBN : 9780199581351

Get Book

The Arrest of Ships in Private International Law by Verónica Ruiz Abou-Nigm Pdf

Analysing the arrest of ships in English and Scots law in the light of the international conventions in the field this book examines the protective, security, and jurisdictional functions of arrest within the three classical domains of private international law: applicable law, jurisdiction, and the recognition and enforcement of foreign judgments.

Author : Shimon Shetreet,Christopher Forsyth
Publisher : Martinus Nijhoff Publishers
Page : 689 pages
File Size : 48,9 Mb
Release : 2011-11-11
Category : Law
ISBN : 9789004215856

Get Book

The Culture of Judicial Independence by Shimon Shetreet,Christopher Forsyth Pdf

The creation of a culture of Judicial Independence is of a central significance both in national domestic legal systems, as well as for the international courts and tribunals. The main aim of this volume is to analyze the development of a culture of Judicial Independence in comparative perspectives, to offer an examination of the conceptual foundations of the principle of judicial independence and to discuss in detail the practical challenges facing judiciaries in different jurisdictions. The proposed volume is based on the papers presented at the five conferences held in the framework of The International Project on Judicial independence. The editors of this volume and the contributors to it are leading scholars and distinguished experts on judicial independence and judiciaries.

Author : Bruno Zeller
Publisher : Oxford University Press
Page : 288 pages
File Size : 41,7 Mb
Release : 2009
Category : Law
ISBN : 9780195371864

Get Book

Damages Under the Convention on Contracts for the International Sale of Goods by Bruno Zeller Pdf

This work presents a practical and detailed analysis of the methods used to determine and calculate damages under the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Author : Neil Andrews
Publisher : Mohr Siebeck
Page : 336 pages
File Size : 41,6 Mb
Release : 2008
Category : Law
ISBN : 3161495322

Get Book

The Modern Civil Process by Neil Andrews Pdf

Examines court proceedings, as well as settlement, mediation and arbitraton.