| Description |
lix, 177 pages ; 24 cm |
| Contents |
Independence, impartiality, and qualifications of the court and its judges -- Jurisdiction over parties -- Procedural equality of the parties -- Right to engage a lawyer -- Due notice and right to be heard -- Languages -- Prompt rendition of justice -- Provisional and protective measures -- Structure of the proceedings -- Party initiative and scope of the proceeding -- Obligations of the oarties and lawyers -- Multiple claims and parties : intervention -- Amicus curiae submission -- Court responsibility for direction of the proceeding -- Dismissal and default judgment -- Access to information and evidence -- Sanctions -- Evidentiary privileges and immunities -- Oral and written presentations -- Public proceedings -- Burden and standard of proof -- Responsibility for determinations of fact and law -- Decision and reasoned explanation -- Settlement -- Costs -- Immediate enforceability of judgments -- Appeal -- Lis pendens and res judicata -- Effective enforcement -- Recognition -- International judicial cooperation |
| Summary |
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 |
| Bibliography |
Includes bibliographical references (pages 157-162) and index |
| Subject |
Civil procedure.
|
|
Judicial assistance.
|
|
Conflict of laws -- Civil procedure.
|
| Author |
American Law Institute.
|
|
International Institute for the Unification of Private Law.
|
| LC no. |
2005018255 |
| ISBN |
9780521855013 (hbk.) |
|
0521855012 (hbk.) |
|
