An-Najah University Journal for Research - B (Humanities)

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Abstract

This research deals with the Transnational Civil Procedure Principles ‎adopted by the American Law Institute (ALI) and the International ‎Institute for the Unification of Private Law (Unidroit), in Rome, in 2004. ‎It emphasizes the importance of these Principles in the field of ‎international commercial arbitration; these Principles are the first ‎instrument as such that deals with civil procedure, especially because the experience of international conventions in this field was not satisfactory. ‎This research stipulates the matters addressed by the Principles. It also ‎clarifies the cases of their application, whether by the agreement of the ‎parties or by the adoption of the principles by the legislature. In order to ‎cope with the international development and to encourage the foreign ‎trade, it was finally recommended that the legislature in the Arab ‎countries should adopt these Principles as special civil procedure rules ‎for the matters they address, namely the transnational adjudication. The ‎legislature may also constitute a special court to apply the Principles to ‎all disputes in the transnational commercial (and civil) matters.‎

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This research deals with the Transnational Civil Procedure Principles ‎adopted by the American Law Institute (ALI) and the International ‎Institute for the Unification of Private Law (Unidroit), in Rome, in 2004. ‎It emphasizes the importance of these Principles in the field of ‎international commercial arbitration; these Principles are the first ‎instrument as such that deals with civil procedure, especially because the experience of international conventions in this field was not satisfactory. ‎This research stipulates the matters addressed by the Principles. It also ‎clarifies the cases of their application, whether by the agreement of the ‎parties or by the adoption of the principles by the legislature. In order to ‎cope with the international development and to encourage the foreign ‎trade, it was finally recommended that the legislature in the Arab ‎countries should adopt these Principles as special civil procedure rules ‎for the matters they address, namely the transnational adjudication. The ‎legislature may also constitute a special court to apply the Principles to ‎all disputes in the transnational commercial (and civil) matters.‎