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

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An-Najah University Journal for Research - B (Humanities) Indexed in Scopus since 2019
CiteScore 0.9
Indexed since 2019
First decision 10 Days
Submission to acceptance 90 Days
Acceptance to publication 15 Days
Acceptance rate 4%

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original_full_paper

Applicability of the 2004 ALI / UNIDROIT Principles of ‎Transnational Civil Procedure

Published
2008-08-04
Pages
1259 - 1297
Full text

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.‎

Article history

Received
2007-11-25
Accepted
2008-08-04
Available online
2008-08-04
original_full_paper

Applicability of the 2004 ALI / UNIDROIT Principles of ‎Transnational Civil Procedure

Published
2008-08-04
الصفحات
1259 - 1297
البحث كاملا

الملخص

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.‎

Article history

تاريخ التسليم
2007-11-25
تاريخ القبول
2008-08-04
Available online
2008-08-04