Five years after Aerospatiale: rethinking discovery abroad in civil and commercial litigation under the Hague Evidence Convention and the Federal Rules of Civil Procedure
Article Abstract:
The Federal Rules of Civil Procedure should be amended to permit first use of the Hague Convention on the Taking of Evidence Abroad. The 'first resort' idea comes from Justice Harry Blackmun's dissent in Aerospatiale vs US District Court, in which the Supreme Court held that the Hague Convention was not the sole or required method for discovery abroad. Current efforts to include the Hague Convention in US law include proposed amendments to Rule 26(a) by the Advisory Committee on Civil Rules.
Publication Name: University of Pennsylvania Journal of International Business Law
Subject: Law
ISSN: 0891-9895
Year: 1992
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The National Conference of Commissioners on Uniform State Laws and the international unification of private law
Article Abstract:
The National Conference of Commissioners on Uniform State Laws (NCCUSL) has made efforts in its history to help unify private law on an international scale besides among the states of the US. The NCCUSL has gone through five historical phases relative to international efforts: not much effort while forming an identity from 1892 to 1910, international participation from 1910 to 1930, isolationism from 1930 to 1955, cold war efforts from 1955 to 1972 and declining efforts from 1972 to 1992.
Publication Name: University of Pennsylvania Journal of International Business Law
Subject: Law
ISSN: 0891-9895
Year: 1992
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The ties that bind: the limits of autonomy and uniformity in international commercial arbitration
Article Abstract:
Commercial arbitration law remains divergent between nations although there is pressure to make it uniform. International arbitration is a requirement for commerce yet competing needs favor uniformity or autonomy. An example of the need for uniformity occurs with lex arbitri efforts of France, England and the United States. By contrast, an example of autonomy occurs with the discovery procedures for commercial arbitration in the same three countries.
Publication Name: University of Pennsylvania Journal of International Business Law
Subject: Law
ISSN: 0891-9895
Year: 1992
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