Principles of Transnational Civil Procedure

Foreword; Preface; Introduction; Part I. Principles of Transnational Civil Procedure (With Commentary) Scope and Implementation: 1. Independence, impartiality, and competence; 2. Jurisdiction 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; Part II. Rules of Transnational Civil Procedure (With Commentary): 1. Standards of interpretation; 2. Disputes to which these rules apply; 3. Forum and territorial competence; 4. Jurisdiction over parties; 5. Multiple claims and parties; intervention; 6. Amicus Curiae submission; 7. Due notice; 8. Languages; 9. Composition of the court; 10. Impartiality of the court; 11. Commencement of the proceeding and notice; 12. Statement of claim (complaint); 13. Statement of defense and counterclaims; 14. Amendments; 15. Dismissal and default judgment; 16. Settlement offer; 17. Provisional and protective measures; 18. Case management; 19. Early court determinations; 20. Orders directed to a third person; 21. Disclosure; 22. Exchange of evidence; 23. Deposition and testimony by affidavit; 24. Public proceedings; 25. Relevance and admissibility of evidence; 26. Expert evidence; 27. Evidentiary privileges; 28. Reception and effect of evidence; 29. Concentrated final hearing; 30. Record of the evidence; 31. Final discussion and judgment; 32. Costs; 33. Appellate review; 34. Rescission of judgment; 35. Enforcement of judgment; 36. Recognition and judicial assistance; Appendix 1. Principles (without commentary); Appendiix 2. Rules (without commentary).