Principles of the Law,

Transnational Civil Procedure

This work is a response to the need for a universal set of procedures that transcends national jurisdictional rules and facilitates the resolution of disputes arising from transnational commercial transactions. The ALI and UNIDROIT (the International Institute for the Unification of Private Law) launched this project to create a set of procedural rules and principles that could be adopted globally.

The aim of this work is to reduce uncertainty for parties litigating in unfamiliar surroundings and to promote fairness in judicial proceedings. As recognized standards of civil justice, this work can be used in judicial proceedings as well as in arbitration. It is a significant contribution to the promotion of a universal rule of procedural law.

The official text includes the Principles, with commentary, in both English and French; an appendix Reporters’ Study containing Rules, with commentary, which is the Reporters’ model implementation of the Principles; a bibliography of writings about the project; and a comprehensive index.

Reporters:
Geoffrey C. Hazard, Jr., University of Pennsylvania Law School, Philadelphia, PA (ALI)
Rolf Stürner, University of Freiburg, Freiburg, Germany (UNIDROIT)
Michele Taruffo, University of Pavia, Pavia, Italy (ALI)
Associate Reporter:
Antonio Gidi, University of Houston Law Center, Houston, TX (ALI)

Summary of Contents

Foreword
Reporters’ Preface
ALI Preface
UNIDROIT Preface
A Drafter’s Reflections on the Principles of Transnational Civil Procedure

Introduction

Principles of Transnational Civil Procedure

1. Independence, Impartiality, and Qualifications of the Court and Its Judges
2. Jurisdictions 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

Appendix. Reporters’ Study

Bibliography

Index

Transnational Civil Procedure

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