The subject of vol. XVI of the International Encyclopedia of Comparative Law is civil procedure - broadly understood, including execution, but also commercial arbitration as well as state arbitration in the former socialist countries in Eastern Europe. More than 1,300 double-column pages contain 12 chapters dealing with the major topics of civil procedure. Central topics with more than 100 printed pages each are the status and organization of lawyers and judges (155 pages), first instance procedure (268 pages) and commercial arbitration (178 pages). The introductory chapter on "Policies, Trends and Ideas" of civil procedure was written by Mauro Cappelletti, the Chief Editor of the volume, and Garth, and the article on commercial arbitration was written by P. Sanders. The central chapter on first-instance procedure is a collective effort by ten authors who describe six groups of countries. This is concluded by a summary evaluation by Cappelletti and Garth.
The International Encyclopedia of Comparative Law, published in 17 volumes, is co-authored by world-wide recognized leading specialists of the topics covered by the respective volume. Volume XVI contains comparative analyses of the various aspects of Civil Procedure.
Lawyer, arbitrator, negotiator, author, educator, drafter, rapporteur andndash; for sixty years Pieter Sanders has been in the eye of the storm as during this period arbitration grew into the world's preferred method for the resolution of commercial disputes. No one is better qualified to assess the current worldwide condition and prospects of arbitration and conciliation, or to offer practical, insightful solutions to the problems confronting arbitration practice today. Quo Vadis Arbitration? will not disappoint the many lawyers, judges, legislators and businesspeople to whom it is addressed. Drawing on his wide and varied experience--and especially on the occasions when resourceful measures had to be taken in the absence of clear legal guidance--Professor Sanders presents cogent, well-reasoned arguments and recommendations for: the main issues which may arise in any arbitration a revision of the UNCITRAL Model Law a harmonisation of Rules on Conciliation and drafting a Model Law on Conciliation refining Codes of Ethics and Codes of Taking Evidence to strengthen bridges between cultural differences A list of the author's achievements is virtually a history of the development of international arbitration since the 1930s. With many warmly shared anecdotes of the conflicts, compromises and triumphs of pivotal meetings and conventions, Professor Sanders takes the reader behind the scenes for a rare glimpse into the inner workings of the complex and rewarding process that created this invaluable modern discipline. Quo Vadis Arbitration? also provides a masterful but simple exposition of the arbitral process, from the validity of the arbitration agreement to the means of recourse against the award. This is a book that will be warmly appreciated--and used--by arbitration specialists of any degree of expertise, anywhere in the world.
"[Explores] some of the main trends in the development of civil procedural law during the last two centuries in several European countries (Germany, Austria, Switzerland, France, England and Wales, the Netherlands and Belgium). Two of the central issues that are addressed ... are the extent to which the various procedural models have influenced each other and the extent to which common traditions in civil procedural law may be distinguished in Europe. Each general chapter ... is supplemented by three chapters devoted to specific procedural topics: conciliation, party interrogation as evidence, and the role of the judge"--P.  of cover.