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…mehr
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.Hinweis: Dieser Artikel kann nur an eine deutsche Lieferadresse ausgeliefert werden.
The American Law Institute was organized in 1923 following a study conducted by a group of prominent American judges, lawyers, and teachers known as The Committee on the Establishment of a Permanent Organization for the Improvement of the Law. The Committee's recommendation that a lawyers' organization be formed to improve the law and its administration led to the creation of The American Law Institute. Its incorporators included Chief Justice and former President William Howard Taft, future Chief Justice Charles Evans Hughes and former Secretary of State Elihu Root.
Inhaltsangabe
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).
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).
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