STUDY LXXVIA - TRANSNATIONAL CIVIL PROCEDURE - FORMULATION OF REGIONAL RULES
ELI – UNIDROIT Transnational Principles of Civil Procedure
The ALI / UNIDROIT Principles of Transnational Civil Procedure, prepared by a joint American Law Institute / UNIDROIT Study Group and adopted in 2004 by the Governing Council of UNIDROIT, aim at reconciling the differences among various national rules of civil procedure, taking into account the peculiarities of transnational disputes as compared to purely domestic ones. They are accompanied by a set of “Rules of Transnational Civil Procedure”, which were not formally adopted by either UNIDROIT or ALI, but constitute “the Reporters’ model implementation of the Principles, providing greater detail and illustrating concrete fulfilment of the Principles”. The Rules may be considered either for adoption “or for further adaptation in various legal systems,” and along with the Principles can be considered as “a model for reform in domestic legislation”.
With the aim of resuming work on the development of the “Rules”, UNIDROIT decided to focus on regional implementation and on adapting the Principles to the peculiarities of specific legal systems. In this respect, a joint project on the development of European rules of civil procedure was started within the framework of the institutional co-operation with the newly founded European Law Institute (ELI) the main task of which is to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development.
Recent years have seen the emergence of a growing body of rules at European level in the field of procedural law, in the wake of the enlargement of the EU competences towards judicial co-operation. The joint ELI / UNIDROIT project could serve as a useful tool to avoid a fragmentary and haphazard growth of European civil procedural law, while at the same time supporting the promotion of the ALI / UNIDROIT Principles. From the point of view of UNIDROIT it may further represent a first attempt towards the development of other regional projects adapting the ALI / UNIDROIT Principles to the specificities of regional legal cultures, leading the way to the drafting of other regional rules.
FIRST JOINT ELI-UNIDROIT WORKSHOP (2013)
The first joint ELI-UNIDROIT Workshop entitled “From Transnational Principles to European Rules of Civil Procedure”, in cooperation with the American Law Institute, was held in Vienna on 18 and 19 October 2013. In line with the specific nature of the endeavour, participation of leading academics but also practicing lawyers, judges and members of European institutions was considered to be a key element in the success of the Workshop.
STEERING COMMITTEE - FIRST SESSION (2014)
On 12 – 13 May 2014, at the seat of UNIDROIT in Rome, the Steering Committee of the project held its first meeting, where it was decided that the first three topics to be examined would be access to information and evidence, interim and protective measures and service of documents. These three topics should be followed by lis pendens and res judicata and obligations of the parties and lawyers. Each topic was assigned to a Working Group (Co-Chaired by two of its members). It was decided that work should start on the first three, followed by the remaining two in 2015.
>>> Report on the meeting
ELI PROJECTS CONFERENCE AND GENERAL ASSEMBLY (2014)
The Project was presented during the ELI Projects Conference and General Assembly on 24-26 September 2014, where John Sorabji, on behalf of the Steering Committee, provided an outline of the project inviting all participants who were interested to participate in the specific consultation group. Anna Veneziano, Deputy Secretary-General, attended on behalf of UNIDROIT.
STEERING COMMITTEE AND WORKING GROUPS – FIRST JOINT MEETING (2014)
A Joint Meeting of the members of the Steering Committee and Working Groups was held at the seat of UNIDROIT in Rome on 27-28 November 2014. Preliminary reports produced by the first three Working Groups (access to information and evidence, provisional and protective measures, and service of documents) were discussed and two further groups (lis pendens and res judicata and obligations of the parties and lawyers) were set up. A number of Observers from Intergovernmental Organisations (Hague Conference on Private International Law (HCCH)), European Institutions (the European Commission, the European Parliament (JURI Committee), the Court of Justice of the European Union), Professional Associations (the Association for International Arbitration (AIA), the Council of Bars and Law Societies of Europe (CCBE), the Council of the Notariats of the European Union (CNUE), the European Network of the Councils of the Judiciary (ENCJ), the International Bar Association (IBA), the Union Internationale des Avocats (UIA), the Union internationale des huissiers de justice (International Union of Judicial Officers) (UIHJ)), and Research Institutions (the International Association of Procedural Law and the Max-Planck Institute of Luxembourg for International, European and Regulatory Procedural Law) attended the meeting. The American Law Institute (ALI), which prepared the ALI/UNIDROIT Principles of Transnational Civil Procedure jointly with UNIDROIT, also attended.
- Agenda (UNIDROIT 2014 - SC II - Misc. 1)
- Provisional Order of Business (UNIDROIT 2014 - SC II - Misc. 2)
- Working Group on Provisional and Protective Measures - First Report, November 2014
(UNIDROIT 2014 - Doc. 1) - Working Group on Access to Information and Evidence - Powerpoint presentation
(UNIDROIT 2014 - Doc. 2 Add.) - Working Group on Access to Information and Evidence - First Report, November 2014
(UNIDROIT 2014 - Doc. 2 Corr.) - Working Group on Service - First Report, November 2014 (UNIDROIT 2014 - Doc. 3) - Report, November 2014 (UNIDROIT 2014 – Doc. 5)
STEERING COMMITTEE AND CO-REPORTERS – FIRST JOINT MEETING (2015)
A joint meeting of the Steering Committee and the Chairs of the Working Groups was held in Brussels, on 16 April 2015. On the Agenda were the progress reports of the first three Working Groups (Access to Information and Evidence, - Service of Documents, Provisional and Protective Measures) as well as the first reports of the Working Groups on Res judicata and lis pendens and Obligations of the Parties and Lawyers.
>>> Further information
EUROPEAN PARLIAMENT – COMMITTEE ON LEGAL AFFAIRS
A hearing of the Committee on Legal Affairs of the European Parliament was held in Brussels on 16 April 2015, at which the ELI-UNIDROIT project was introduced and the preliminary results of the first Working Groups discussed.
STEERING COMMITTEE AND WORKING GROUPS - SECOND JOINT MEETING (TRIER CONFERENCE) (2015)
On 26-27 November 2015, UNIDROIT and the ELI held a conference at ERA headquarters in Trier entitled “From Transnational Principles to European Rules of Civil Procedure”. This interactive conference was an opportunity for the ELI and Unidroit to present their work on Transnational Rules of civil procedure in five different sessions, each discussing the key topics: Access to information and evidence, Provisional and protective measures, Service and due notice of proceedings, Obligations of parties and lawyers, Res judicata and lis pendens. About 70 participants, from diverse legal backgrounds, attended the conference.
>>> Further information
STEERING COMMITTEE AND CO-REPORTERS - SECOND JOINT MEETING (2016)
A meeting of the Steering Committee and co-reporters was held in Rome, on 21 and 22 April 2016. Co- Reporters from the working groups Access to Information and Evidence, Res judicata and lis pendens, Service and due notice of proceedings, Provisional and protective measures, and Obligations of parties and lawyers presented their progress reports for discussion with the Steering Committee. The meeting proceeded with the introductory presentations of the new working groups, Costs and Judgments, and also addressed the functions and future work for a transversal working group to address Structure.
- Agenda (SC IV – Doc. 1)
- Report of Working Groups
· Access to Information and Evidence (SC IV – Doc. 2)
· Res judicata and lis pendens (SC IV – Doc.3)
· Service and due notice of proceedings (SC IV – Doc. 4)
· Provisional and protective measures (SC IV – Doc. 5)
· Obligations of parties and lawyers (SC IV – Doc. 6)
ELI-UNIDROIT Project presented at Civil Procedure Conference in Budapest
On 30-31 May 2016, the Deputy Secretary-General represented UNIDROIT in a Conference on the “New Hungarian Civil Procedure Act and the Development of European Rules of Civil Procedure” co-organised by the ELI, the Hungarian Ministry of Justice, the Hungarian Academy of Sciences, Institute for Legal Studies and the National Office for the Judiciary. The event took place in Budapest (Hungary) at the Hungarian Academy of Justice. The conference introduced the ELI-UNIDROIT project “From Transnational Principles to European Rules of Civil Procedure” to Hungarian lawyers. The structure of the Conference was organised along the five initial topics of the ELI-UNIDROIT project and featured presentations of the speakers representing the ELI-UNIDROIT working parties.
Click here for more information on the conference.
ELI ANNUAL CONFERENCE AND GENERAL ASSEMBLY (2016)
On 7-9 September 2016, the ELI-UNIDROIT project “From Transnational Principles to European Rules of Civil Procedure” was presented during the ELI Annual Conference and General Assembly.
- For more information click here
ELI-UNIDROIT JOINT MEETING OF THE STEERING COMMITTEE WITH WORKING GROUP REPORTERS, MEMBERS, ADVISERS AND OBSERVERS, 21-22 NOVEMBER 2016, VIENNA
The Members of the ELI-UNIDROIT Project “From Transnational Principles to European Rules of Civil Procedure” met on 21-22 November 2016 in Vienna to discuss the advanced drafts of the three initial Working Groups, ‘Access to information and evidence’, ‘Service and due notice of proceedings’, and ‘Provisional and protective measures’. The ELI President, Diana Wallis, and the UNIDROIT Deputy Secretary-General, Anna Veneziano, opened the two-day meeting welcoming the participants of the meeting, Project’s Reporters, Working Group Members, Advisers and Observers. The Representatives of the European Commission, European Parliament, the Council of Bars and Law Societies of Europe, the Hague Conference on Private International Law, Members of the UNIDROIT Governing Council, private practitioners, and academics, attended the event and contributed with valuable remarks and comments on the presented draft rules.
STEERING COMMITTEE, WORKING GROUP CO-REPORTERS - THIRD JOINT MEETING, WITH THE PARTICIPATION OF THE MEMBERS OF THE WORKING GROUPS (2017)
Steering Committee Members, Co-Reporters and members of the Working Groups of the ELI-UNIDROIT joint project convened on 5-7 April 2017 in Rome to discuss issues pertaining to the finalisation of the drafts of the first three Working Groups and progress drafts and reports of the other Working Groups. On the first day, the Working Group on “Structure” discussed, together with the Steering Committee and representatives of Co-Reporters of the Working Groups, the consolidated text of three final drafts on ‘Service and due notice of proceedings’, ‘Access to information and evidence’ and ‘Provisional and protective measures’, as well as general points regarding project coordination.
The official part of the Joint Steering Committee Meeting with Members of the Project took place on the next two days, under the chairmanship of the Secretary General of the UNIDROIT, José Angelo Estrella Faria, and the ELI President, Diana Wallis. All Members of the Steering Committee were present as well as Co-reporters and numerous Members of all of the Project’s Working Groups (currently eight WGs: ‘Access to information and evidence’; ‘Provisional and protective measures’; ‘Service and due notice of proceedings’; ‘Obligations of parties, lawyers and judges’; ‘Res judicata and lis pendens’; ‘Judgments’; ‘Parties’; ‘Costs’; and ‘Structure’).
ELI ANNUAL CONFERENCE AND GENERAL ASSEMBLY (2017)
On 7 September 2017, the ELI-UNIDROIT project on Transnational Rules of Civil Procedure project was presented at the 2017 ELI Annual Conference in Vienna. ELI President Diana Wallis and Secretary-General ad interim of UNIDROIT Anna Veneziano co-chaired a panel of the transversal Working Group of the Project, concerned with Structure. The panel presented the first consolidated draft of the Rules resulting from the work of the first three Working Groups (Provisional and Protective Measures, Access to Information and Evidence, and Service of Documents), which had already been presented to the UNIDROIT Governing Council in May 2016.
STEERING COMMITTEE AND WORKING GROUPS – JOINT MEETING (NOVEMBER 2017)
On 16- 17 November, the ELI-UNIDROIT Project Members, Advisers and Observers convened in the Palais Trautson of the Austrian Ministry of Justice to discuss draft rules on European civil procedure developed by the newest working groups of the Project. During the two-day event, Members of the Project heard presentations and debated on such topics as pendency, parties, costs, and judgments in civil procedure. The overarching working group 'Structure' also presented an updated version of the consolidated draft of European principles of civil procedure, encompassing the work of the first three Working Groups of the Project (access to information and evidence, provisional and protective measures, and service of documents).Diana Wallis (Past ELI President) and Anna Veneziano (Secretary-General a.i. UNIDROIT) opened the meeting, in which Co-reporters gave updates and allowed others to discuss the progress and direction of their Working Group.
On 16 November 2017, Frédérique Ferrand (University of Lyon) and Burkhard Hess (Max Planck Institute Luxembourg) from the ‘Lis Pendens and Res Judicata’ Working Group presented their draft rules, followed by Astrid Stadler (University of Konstanz) and Emmanuel Jeuland (University of Paris) from the ‘Parties’ Working Group. The day ended with a dinner attended by participants at Melker Stiftskeller. On the following day, Paul Oberhammer (University of Vienna) presented the draft rules on ‘Costs.’ A presentation and discussion of the latest version of the consolidated drafts on three sets of rules (‘Access to information’, ‘Provisional and protective measures and ‘Service and due notice of proceedings’) was given by Loïc Cadiet (University of Paris) and Xandra Kramer (Utrecht University). Finally, rounding up the day, Christoph Kern (University of Heidelberg) presented the draft rules on ‘Judgements’.
-> Click here for the agenda.
STEERING COMMITTEE, WORKING GROUP CO-REPORTERS – JOINT Meeting (Rome 2018)
The Annual Steering Committee meeting with the Co-reporters of all Working Groups was held in Rome on 9-10 April 2018. The meeting addressed the current working drafts on “Judgements”, “Parties”, and “Lis Pendens and Res Judicata”, as well as the progress of the Working Groups on “Costs” and “Appeals”. The overarching Working Group concerned with “Structure” also presented on the main issues and solutions for the Structure of the Consolidated Draft.
ELI ANNUAL CONFERENCE AND GENERAL ASSEMBLY (2018)
On 6 September 2018, the ELI-UNIDROIT project on Transnational Rules of Civil Procedure was presented at the 2018 ELI Annual Conference in Riga. ELI President Diana Wallis and Deputy Secretary-General of UNIDROIT Anna Veneziano co-chaired a panel, which was dedicated first to providing a brief overview of the progression of the Structure Group and its current status with possible topical issues including the scope/layout of the structure, use of comparative materials and the positioning of certain sections/topics. Further, the panel explored how the projects would confront the new developments of the digital age. Finally, the latest draft of the Working Group dedicated to Parties was addressed to show how the group had tackled certain topical issues (i.e. collective redress) given the new EU proposals and third party funding. The panel, which included Professors Xandra Kramer (University of Rotterdam), Mr John Sorabji (Principal Legal Adviser to the Lord Chief Justice and Master of the Rolls, Judicial Office for England and Wales), and Professor Emmanuel Jeuland (La Sorbonne), stimulated a lively discussion among the participants.