ELI DS Unidroit Model European Rules of Civil Procedure From Transnational Principles to European Rules of Civil Procedure

The European Law Institute (ELI) is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations, and provide practical guidance in the field of European legal development. Building on the wealth of diverse legal traditions, its mission is the
quest for better law-making in Europe and the enhancement of European legal integration. By its endeavours, the ELI seeks to contribute to the formation of a more vigorous European legal community, integrating the achievements of the various legal cultures, endorsing the value of comparative
knowledge, and taking a genuinely pan-European perspective. As such its work covers all branches of the law: substantive and procedural; private and public.

The International Institute for the Unification of Private Law (Unidroit) is an independent intergovernmental Organisation based in Rome with 63 member States world-wide. Its purpose is to study needs and methods for modernising, harmonising and co-ordinating private and in particular commercial law
as between States and groups of States and to formulate uniform law instruments (international conventions and model laws, principles and rules, and guides) to achieve those objectives. In its almost 100-year history it has conducted approximately 90 studies, developing numerous instruments
advancing uniform law in as diverse fields as civil procedure, contracts, cultural property or security interests and access to finance.

Introduction
I. PROJECT HISTORY
II. ARCHITECTURE AND DEVELOPMENT OF THE PROJECT
III. PROJECT METHODOLOGY
IV. MODEL RULES RATHER THAN A COMPLETE CODE
V. COHERENCE AND CONSISTENCY OF TERMINOLOGY
VI. GENERAL REMARKS ON THE SCOPE OF THE MODEL EUROPEAN RULES OF CIVIL PROCEDURE
VII. THE ACQUIS COMMUNAUTAIRE AND THE RULES
VIII. MODERN COMMUNICATION AND RECORDING, ARTIFICIAL INTELLIGENCE AND THE RULES
MODEL EUROPEAN RULES OF CIVIL PROCEDURE
PART I - GENERAL PROVISIONS
SECTION 1 - Scope
SECTION 2 - Principles
A. Co-operation
B. Proportionality
C. Settlement
D. Right to be heard
E. Representation and assistance
F. Oral, written and public Proceedings
G. Languages, interpretation and translation
SECTION 3 - Proceedings
A. Commencement, termination, Concentration and scope
B. Facts, evidence and applicable law
C. Sanctions for non-compliance and relief from sanctions
PART II - PARTIES
SECTION 1 - General Part
SECTION 2 - Special Part
A. Multiple Parties
B. Substitution and Succession of Parties
SECTION 3 - Cross border issues
PART III - CASE MANAGEMENT
PART IV - COMMENCEMENT OF PROCEEDINGS
SECTION 1 - Pre-commencement procedural duties
SECTION 2 - Commencement and pleadings
A. Statement of claim
B. Joint application for party agreed proceedings
PART V -PROCEEDINGS PREPARATORY TO A FINAL HEARING
PART VI - SERVICE AND DUE NOTICE OF PROCEEDINGS
SECTION 1 - General part - Service, Due Notice and the Right
to be Heard
SECTION 2 - Responsibility for and methods of service
A. General Provisions
B. Methods of Service
SECTION 3 - Cross border issues
A. In the European Union
B. Outside the European Union
PART VII - ACCESS TO INFORMATION AND EVIDENCE
SECTION 1 - General part
A. General Provisions on Evidence
B. Management of Evidence
C. Presentation and Evaluation of Evidence
SECTION 2 - Access to evidence orders
SECTION 3 - Types of evidence
A. Documents
B. Testimonial Evidence
C. Examination of Parties
D. Expert Evidence
E. Judicial Inspection
SECTION 4 - Cross-border issues
A. In the European Union
B. Outside the European Union
PART VIII - JUDGMENT, RES JUDICATA AND LIS PENDENS
SECTION 1 - General Part
SECTION 2 - Special Part
A. Default Judgment
B. Judicial Settlements
SECTION 3 - Effects of Pendency and Judgments
A. Lis pendens and related actions
B. Res judicata
PART IX - MEANS OF REVIEW
SECTION1- General Part
SECTION 2 - Appeals
SECTION 3 - First Appeals
SECTION 4 - Second Appeals
SECTION 5 -Review of procedural error and miscellaneous appeals
SECTION 6 - Extraordinary Recourse
PART X - PROVISIONAL AND PROTECTIVE MEASURES
SECTION 1 - General part
SECTION 2 - Special part
A. Asset Preservation
B. Regulatory Measures
C. Evidence Preservation
D. Interim Payment
SECTION 3 - Cross border issues
PART XI - COLLECTIVE PROCEEDINGS
SECTION 1 -Collective Interest Injunctions
SECTION 2 - Collective Proceedings
A. General Part
B. Admissibility of Collective Proceedings
C. Case Management of Collective Proceedings
D. Settlements in Commenced Collective Proceedings
E. Judgments in Collective Proceedings
F. Collective Settlements outside Collective Proceedings
SECTION 3 - Cross Border Issues
Within the European Union
SECTION 4 - Costs, Expenses and Funding
PART XII - COSTS