Description
Book SynopsisEuropean Rules of Civil Procedure sets out a clear examination of the Rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the comparative knowledge of its authors.
Key Features:
- Provides rule-by-rule explanations of the ELI-UNDROIT Model European Rules of Civil Procedure
- Encompasses insight from a diverse international team of authors including members of the ELI/UNIDROIT project
- Offers commentary on all rules of the ERCP, surveying their meaning and application as well as their collective history
This in-depth Commentary will be essential for academics of European, private, corporate and commercial law disciplines wishing to sharpen their knowledge of comparative civil procedure. It will additionally benefit policy makers and practitioners with an interest in using the model rules to provide a framework for national legislation.
Trade Review‘The European Rules of Civil Procedure are the outstanding product of years of work by the continent's most prominent proceduralists. Ideally these Rules will be adopted all across Europe. This book – written by many of the leading lights of the project – should be invaluable as this process of procedural integration moves forward. The new Rules provide a watershed, and this book provides an essential guide to this new regime.’ -- Richard Marcus, UC Law San Francisco, US
Table of ContentsContents: Foreword xxxix Table of cases xli Table of legislation xlvii PART I GENERAL PROVISIONS 1 (Rule 1) Introduction 2 Fernando Gascón Inchausti, Vincent Smith and Astrid Stadler 2 (Rules 2–8) General Principles: Co-operation and proportionality 11 Loïc Cadiet and Soraya Amrani-Mekki 3 (Rules 21–28) General Principles: Party disposition and principle of party presentation 35 Loïc Cadiet and Soraya Amrani-Mekki 4 (Rules 11–18) General Principles: Rights of parties 61 Alexander Bruns 5 (Rules 19–20, 82, 113, 116) General Principles: Languages, interpretation and translation 79 Matthias Weller 6 (Rules 9–10, 141) Facilitating ADR and settlements: an extension of the co-operation principle 94 Laura Ervo PART II PARTIES 7 (Rules 29–46) Parties to the proceedings 109 Christoph Althammer PART III CASE MANAGEMENT 8 (Rules 47–50) Case management 156 Stefan Huber PART IV COMMENCEMENT OF PROCEEDINGS 9 (Rules 51–60) Procedural steps and contents of initial documents 180 Elena D’Alessandro 10 (Rules 142–146) Effects of proceedings once commenced – lis pendens 200 Eva Lein PART V SERVICE AND NOTICE OF PROCEEDINGS (ERCP PART VI) 11 (Rules 68–86, 134) Service and notice of proceedings 219 Dimitrios Tsikrikas and Wendy Kennett PART VI ACCESS TO INFORMATION AND EVIDENCE (ERCP PART VII) 12 (Rules 87–110, 128–129) General and procedural issues 252 Astrid Stadler and Magne Strandberg 13 (Rules 111–124, 126–127) Types of evidence 307 Michael Stürner PART VII PROCEEDINGS PREPARATORY TO A FINAL HEARING (ERCP PART V) 14 (Rules 61–67) Proceedings before a final hearing and final hearing 338 Enrique Vallines García PART VIII JUDGMENTS, RES JUDICATA AND LIS PENDENS 15 (Rules 130–133, 135–140) General rules on judgments 380 Christoph A Kern 16 (Rules 147–152) Effect of judgments – res judicata 419 Alexander Bruns PART IX MEANS OF REVIEW 17 (Rules 153–183) Means of review and appeal 433 John Sorabji PART X PROVISIONAL AND PROTECTIVE MEASURES 18 (Rules 184–203) Provisional and protective measures 492 Torbjörn Andersson PART XI COLLECTIVE PROCEEDINGS 19 (Rules 204–220, 227–228, 233–236) Collective proceedings 545 Jorg Sladič 20 (Rules 221–226, 229–232) Collective settlements 604 Fernando Gascón Inchausti PART XII COSTS AND FUNDING 21 (Rules 237–245, 125) Costs and funding 632 Vincent Smith Index 671
