Principles of Transnational Civil ProcedureThe 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. |
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Contents
Foreword page | xxiii |
A Drafters Reflections on the Principles of Transnational Civil | lv |
Principle | lvii |
Rule | lix |
PRINCIPLES OF TRANSNATIONAL CIVIL PROCEDURE with | 16 |
Public Proceedings | 41 |
CONTENTS | 61 |
24 | 76 |
Reporters STUDY | 99 |
36 | 155 |
A Bibliography of Writings about the ALIUNIDROIT Project | 157 |
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Common terms and phrases
according addressed adopted adverse amendment appellate application authority autre basis Civil Civil Procedure civil-law systems claim Commentaire common-law systems communications concept concerning conducted conference considered Convention costs countries court d'une decision default judgment defenses demande determined direct disclosure dispute documents doit droit effect enforcement être evidence example exercise expert facts faire fait final hearing forum law give governed important impose interest issue Italy judge judgment jugement jurisdiction justice language lawyers le tribunal legal systems limited litigation matters mesure motion notice obligation offer oral ordinarily otherwise party party's pays permitted person peut pleading practice present preuve Principles privilege procedure proceeding production protection provisional questions reasonable recognized règles relevant request require responsibility Rule sanctions scope specific standard statement substantial systèmes juridiques testimony tion Transnational University Voir witness written