Principles of Transnational Civil Procedure

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Publisher : Cambridge University Press
ISBN 13 : 9781139448581
Total Pages : 248 pages
Book Rating : 4.4/5 (485 download)

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Book Synopsis Principles of Transnational Civil Procedure by : American Law Institute

Download or read book Principles of Transnational Civil Procedure written by American Law Institute and published by Cambridge University Press. This book was released on 2005-12-12 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher :
ISBN 13 :
Total Pages : 177 pages
Book Rating : 4.:/5 (269 download)

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Book Synopsis Principles of Transnational Civil Procedure by :

Download or read book Principles of Transnational Civil Procedure written by and published by . This book was released on 2006 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Author :
Publisher : Oxford University Press
ISBN 13 : 0198866585
Total Pages : 369 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis ELI DS Unidroit Model European Rules of Civil Procedure by : European Law Institute

Download or read book ELI DS Unidroit Model European Rules of Civil Procedure written by European Law Institute and published by Oxford University Press. This book was released on 2021 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

ELI – Unidroit Model European Rules of Civil Procedure

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192636391
Total Pages : 448 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis ELI – Unidroit Model European Rules of Civil Procedure by : European Law Institute

Download or read book ELI – Unidroit Model European Rules of Civil Procedure written by European Law Institute and published by Oxford University Press. This book was released on 2021-08-19 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Future of Transnational Civil Litigation

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Author :
Publisher : British Institute for International & Comparative Law
ISBN 13 : 9780903067973
Total Pages : 0 pages
Book Rating : 4.0/5 (679 download)

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Book Synopsis The Future of Transnational Civil Litigation by : Mads Tønnesson Andenæs

Download or read book The Future of Transnational Civil Litigation written by Mads Tønnesson Andenæs and published by British Institute for International & Comparative Law. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: English responses to the ALI/UNIDROIT Draft Principles and Rules of Transnational Civil Procedure.

Principles of Transnational Civil Procedure

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521706148
Total Pages : 242 pages
Book Rating : 4.7/5 (61 download)

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Book Synopsis Principles of Transnational Civil Procedure by : American Law Institute

Download or read book Principles of Transnational Civil Procedure written by American Law Institute and published by Cambridge University Press. This book was released on 2007-01-29 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Civil Litigation in a Globalising World

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Publisher : Springer Science & Business Media
ISBN 13 : 9067048178
Total Pages : 381 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Civil Litigation in a Globalising World by : X.E. Kramer

Download or read book Civil Litigation in a Globalising World written by X.E. Kramer and published by Springer Science & Business Media. This book was released on 2012-02-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Transnational Civil Litigation

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Author :
Publisher : Foundation Press
ISBN 13 : 9781636595146
Total Pages : 222 pages
Book Rating : 4.5/5 (951 download)

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Book Synopsis Transnational Civil Litigation by : GEORGE A. RUTHERGLEN

Download or read book Transnational Civil Litigation written by GEORGE A. RUTHERGLEN and published by Foundation Press. This book was released on 2022-01-06 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!

Uniform Law Review: Principles and Rules of Transnational Civil Procedure

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Publisher :
ISBN 13 :
Total Pages : 1128 pages
Book Rating : 4.:/5 (214 download)

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Book Synopsis Uniform Law Review: Principles and Rules of Transnational Civil Procedure by : Bryan Alan Beaumont

Download or read book Uniform Law Review: Principles and Rules of Transnational Civil Procedure written by Bryan Alan Beaumont and published by . This book was released on 2002 with total page 1128 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1800887841
Total Pages : 785 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis European Rules of Civil Procedure by : Astrid Stadler

Download or read book European Rules of Civil Procedure written by Astrid Stadler and published by Edward Elgar Publishing. This book was released on 2023-11-03 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Oxford University Press
ISBN 13 : 0190642718
Total Pages : 288 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis General Principles of Law and International Due Process by : Charles T. Kotuby, Jr.

Download or read book General Principles of Law and International Due Process written by Charles T. Kotuby, Jr. and published by Oxford University Press. This book was released on 2017-02-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

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Publisher : Oxford University Press
ISBN 13 : 9780198259190
Total Pages : 298 pages
Book Rating : 4.2/5 (591 download)

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Book Synopsis Transnational Tort Litigation by : Campbell McLachlan

Download or read book Transnational Tort Litigation written by Campbell McLachlan and published by Oxford University Press. This book was released on 1996 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Judicial Case Management and Efficiency in Civil Litigation

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Publisher :
ISBN 13 : 9789050957571
Total Pages : 0 pages
Book Rating : 4.9/5 (575 download)

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Book Synopsis Judicial Case Management and Efficiency in Civil Litigation by : C. H. van Rhee

Download or read book Judicial Case Management and Efficiency in Civil Litigation written by C. H. van Rhee and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

International Civil Litigation

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Publisher :
ISBN 13 :
Total Pages : 846 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Civil Litigation by : Ralph Gustav Steinhardt

Download or read book International Civil Litigation written by Ralph Gustav Steinhardt and published by . This book was released on 2002 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook grows out of the rapid internationalization of domestic law since the 1980s, especially in civil litigation before US courts. The contemporary litigator must be expert in what have traditionally been separate fields of law: civil procedure, conflicts of laws, public international law, evidence, international business transactions, remedies, and even immigration law and human rights. This book integrates materials across these fields, developing the common principles that govern litigation with international elements in US courts. of process, discovery, the special treatment of government as parties, and the recognition and enforcement of judgements and arbitral awards. But unlike other textbooks in the field, International Civil Litigation goes beyond these separate subjects to illustrate common themes whenever domestic courts handle transnational litigation, including the role of customary and conventional international law in the interpretation of domestic statues, characteristic issues of professional responsibility, the impact of intergovernmental and non-governmental organizations, and the unique difficulties of providing the content of international law. A document supplement accompanies the casebook.

The Case for an International Court of Civil Justice

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Publisher :
ISBN 13 : 1107162858
Total Pages : 257 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Case for an International Court of Civil Justice by : Maya Steinitz

Download or read book The Case for an International Court of Civil Justice written by Maya Steinitz and published by . This book was released on 2019 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Court of Civil Justice would give victims of multinationals a day in court while offering corporate defendants a cheaper, fairer litigation alternative.

ELI-UNIDROIT Model European Rules of Civil Procedure

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Author :
Publisher :
ISBN 13 : 9780192636386
Total Pages : 0 pages
Book Rating : 4.6/5 (363 download)

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Book Synopsis ELI-UNIDROIT Model European Rules of Civil Procedure by : European Law Institute

Download or read book ELI-UNIDROIT Model European Rules of Civil Procedure written by European Law Institute and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.