[Download] "Sir Kenneth Bailey Memorial Lecture: Dispute Resolution in a Complex International Society." by Melbourne University Law Review # Book PDF Kindle ePub Free
eBook details
- Title: Sir Kenneth Bailey Memorial Lecture: Dispute Resolution in a Complex International Society.
- Author : Melbourne University Law Review
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 409 KB
Description
[Today's complex international society calls for afresh approach to transnational dispute resolution. The first part of the article focuses on the changing nature of disputes around the world and the lessons to be learned from other countries' approaches to litigation. Specifically, this part discusses the need to address collective or group interests in private litigation. It also explores the consequent need to find ways of representing the public interest in private and especially arbitral disputes, perhaps through the means of an amicus curiae system. The second part of the article addresses the necessity for cross-border cooperation. In a globalised world, there is a strong need to develop new principles and rules to govern cross-border judicial assistance. This article looks at examples of such cooperation which already exist, and discusses the prospects for improving cooperation through networks of government authorities and judges, cooperation between judges and the arbitral process, and court-to-court cooperation in such areas as the grant of provisional measures, the taking of evidence, and the administration of bankruptcy proceedings.]/p pre CONTENTS I Introduction II Collective Interests in Private Litigation A Aggregate Litigation B Amicus Curiae 1 United States 2 France C A Proposal for a Generalised Procedural Principle in Domestic Courts D Before Arbitration Tribunals III The Need for Cross-Border Cooperation A Networks of Authorities and Judges B Cooperation of Judges in the Arbitral Process C Court-to-Court Cooperation