The Reluctant Partner: Making Procedural Law for International Civil Litigation

Public Law Litigation and the Federal Rules of Civil Procedure

the scope of substantial defense in civil procedural law

plaintiff in civil litigation from the beginning which deals with petition to theend of litigation which the judge sets out a verdict, to reach his wasted or deniedright and to stabilize it, should comply with rules of proceeding and state matter offact and matters of law and prove the claim. therefor he must propose four issuesand prove them to reach the relief sought: 1.formal rules of proced...

‘privatizing’ Civil Justice through Procedural Agreements: a Comparative Law Analysis*

This study aims at examining, in a systemic and, to the extent possible, comprehensive manner, the topic of procedural agreements in United States civil procedure law and afterwards to compare the relevant experience with the results of analogous researches conducted in respect with single national procedural systems in Europe. It is widely recognized that party autonomy is paramount in arbitra...

Expediency, Legitimacy, and the Rule of Law: A Systems Perspective on Civil/Criminal Procedural Hybrids

In recent years an increasing quantity of UK legislation has introduced blended or ‘hybridised’ procedures that blur the previously clear demarcation between civil and criminal legal processes, typically on the grounds of normatively-motivated political expediency. This paper provides a critical perspective on instances of procedural hybridisation in order to illustrate that, first, the relianc...

Constructs of Justice: Beyond Civil Litigation