Titlebook: Civil Litigation in a Globalising World; X.E. Kramer,C.H. Rhee Book 2012 T.M.C.ASSER PRESS, The Hague, The Netherlands, and the authors 20

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Harmonisation of Civil Procedure: Policy Perspectivesthe past decade. However, the practical impact of legislative acts passed under the provision of Article 81 TFEU remains very limited. These measures of ‘horizontal harmonisation’ create uniform rules for disputes of every kind, yet they remain confined to cross-border cases. As the Commission moved

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constitute

Harmonisation of Civil Procedure and the Interaction with Substantive Private Lawmonised substantive law. It also discusses civil proceedings dealing with matters not exclusively governed by domestic law. Procedural law should take into account that the applicable private law is often drafted or developed having regard to different rules of procedure (foreign private law) or wit

floaters

Procedural Harmonisation in a European Context the context of international procedural law, for which Article 65 EC Treaty (now Article 81 TFEU) provided the legal basis. The second area of legislative activity of the EU relates to the domestic procedures of the Member States, where a sectoral approach is taken. The principles of effectiveness

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Harmonised Civil Procedure in a World of Structural Divergences? Lessons Learned from the CEPEJ Evalement them. This chapter presents, on the basis of the CEPEJ evaluation, the divergences of procedural structures regarding three core organisational structures: courts, judges and lawyers. After showing the drastic differences of these structures, a change of perspective is proposed. Instead of foc

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Harmonisation in a Global Context: The ALI/UNIDROIT Principles of the rule of the procedural .. A procedural unification of national systems being impossible for various reasons, the only viable solution would be the harmonisation of such systems, at least when transnational litigation is involved. Harmonisation is a matter of degree, and the main issue is to

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Switzerland: Between Cosmopolitanism and Parochialism in Civil Litigationin incentives for unifying civil procedure was the perception that divergent rules were inhibiting the efficient administration of justice. Despite Switzerland’s close economic and cultural ties with other countries the focus was, however, almost exclusively on finding compromises between different

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Globalisation and Scottish Lawts approach to international legal relations. This can provide an exceptionally good opportunity for Scottish jurists to contribute to the development of global international law projects. The Chapter supports these propositions by reflecting on some selected areas in which Scottish law has shown it

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A Dutch Perspective on Civil Litigation and Its Harmonisation it is inevitable to deliberate on harmonisation. Countries face similar problems and challenges in national civil justice and in the increasing number of cross-border disputes. If governments do not think about harmonisation, others will, in particular the European Commission. National legislators