Notes on Criticizing the Proposed ALI/Unidroit Principles and Rules of Transnational Civil Procedure
Uniform Law Review, Vol. 6, No. 4, p. 819, 2001
9 Pages Posted: 27 Sep 2007 Last revised: 14 Dec 2012
This paper consolidates some of the author's personal observations regarding the criticisms directed at the ALI/Unidroit Project on Transnational Civil Procedure. The author argues that, although many of them are important (and many of those those have been accepted and incorporated in the successive versions of the Project) many others are misdirected.
Some of the criticisms are of a political character, beyond the reach of the jurists. Others are rooted in misunderstandings of linguistic, technical or cultural origin, and were resolved through improved language or further explanations in the commentary. Others still were caused by a superficial analysis of the Project.
At its conclusion, a few years later, the ALI/Unidroit Project was published as Principles of Transnational Civil Procedure (with the Rules attached as a Reporter's Note) by Cambridge University Press.
Keywords: Comparative Law, Comparative Civil Procedure, International Litigation, Transnational Civil Procedure, ALI, UNIDROIT
JEL Classification: K33
Suggested Citation: Suggested Citation