Civil litigation without frontiers: harmonization and unification of procedurallaw

Abstract

This report is in somewhat unorthodox form. The principal component of my report is the Transnational Rules of Civil Procedure, a proposed «code» of civil procedure for adjudication of transnational civil disputes. In concept the rules in this code could be adopted by any national state, whether civil law or common law or a «mixed» system, for adjudication of the defined classes of cases. The proposed code is in the tradition pioneered in the Model Code for Ibero America and furthered by Professor Storme in the project for Approximation of Judiciary Law in the European Union. The text has evolved through several prior drafts and reflects consultation with colleagues in other countries, both common law and civil law