The Future of Transnational Civil Litigation English Responses to the ALI/UNIDROIT Principles and Rules of Trans-National Civil Procedure

by Andenas, Mads; Andrews, Neil; Nazzini, Renato

• ISBN13: 9780903067973
• ISBN10: 0903067978
• Format: Hardcover
• Copyright: 2004-06-01
• Publisher: British Institute of International

Summary

This book addresses the problem of transnational civil litigation by presenting the responses of English law to the project between the American Law Institute and the International Institute for the Unification of Private Law (UNIDROIT) to draft a set of Principles and Rules applicable to transnational civil litigation. Senior members of the judiciary and leading practitioners from Europe and America examine specific issues of transnational civil litigation from the perspective of the English and Welsh Civil Procedure Rules 1998. The most prominent problems of cross-border dispute resolution are addressed by the book, such as those relating to: presentation of evidence and documentary disclosure; case management; appellate procedures; interim measures; the relationship between ADR and formal litigation; and the need for further harmonization of civil procedure on a global scale. The analyses in this book represent a significant contribution to scholarship in an emerging field. Core problems and new directions in transnational commercial litigation are unearthed for the benefit of the private international lawyer by means of a comparative approach to both civil and common law systems and the American and English models of civil litigation.

Table of Contents

Foreword
Foreword
Table of ALI/UNIDROIT principles and rules of transnational civil procedure : discussion draft no. 3 (8 April 2002)
Prefaces to the discussion
The ALI/UNIDROIT project	p. 3
Anglo-American and continental civil procedure : the English reform as a model for further harmonization?	p. 9
Do we need a transnational civil procedure code? : a critical comment	p. 13
Comparative reflections	p. 17
A general perspective
Embracing the noble quest for transnational procedural principles	p. 21
Four judicial perspectives
The ALI/UNIDROIT rules of transnational civil procedure in the perspective of the new English and Welsh rules	p. 43
The 'overriding objective', procedural sanctions, and appeals	p. 51
First instance and appellate proceedings in commercial matters	p. 65
The proactive judge and the provision of a single transnational case management system and its associated procedures	p. 73
Fundamental procedural institutions
Transnational litigation and ADR : the philosophy of the CPR	p. 91
Interim measures under the draft principles and rules of transnational civil procedure : some reflections from the English perspective	p. 109
Compliance with process obligations and fair trial	p. 127
Documentary disclosure : lessons from the English experience	p. 151
Admission and presentation of evidence	p. 161
ALI/UNIDROIT principles of transnational civil procedure : proposed final draft (9 March 2004)	p. 175
ALI/UNIDROIT principles and rules of transnational civil procedure with commentary : discussion draft no. 3 (8 April 2002)	p. 339
Table of Contents provided by Blackwell. All Rights Reserved.