International Civil Procedure

Abstract

Abstract The law of international civil procedure, in some systems treated as part of the conflict of laws (private international law), governs international disputes where the parties to a transaction did not for arbitration as dispute-resolution mechanism and where such disputes are dealt with in domestic courts. The principal issues are as follows. Which courts have jurisdiction? Are provisional and protective measures available? How are proceedings conducted in cases involving parties from different countries, in particular how are they served with documents and how is the taking of evidence organized? Will a judgment or other type of decision rendered by the courts of one country be recognized and enforceable in other countries? In the EU these matters are dealt with by genuine Union law, such as the Brussels I bis Regulation. In the Member States of the MERCOSUR, the approach is still more conservative (‘indirect’ instead of ‘direct’ determination of adjudicatory jurisdiction). US courts apply the common law of the State where they sit, and their approach to using traditional concepts, such as discovery, as an alternative to rules provided for in international conventions creates what is known as the ‘judicial conflict’ between US and courts in other parts of the world. First steps to harmonize the law of civil procedure are currently bearing fruit.