Applicability of the 2004 ALI / UNIDROIT Principles of Transnational Civil Procedure
This research deals with the Transnational Civil Procedure Principles adopted by the American Law Institute (ALI) and the International Institute for the Unification of Private Law (Unidroit), in Rome, in 2004. It emphasizes the importance of these Principles in the field of international commercial arbitration; these Principles are the first instrument as such that deals with civil procedure, especially because the experience of international conventions in this field was not satisfactory. This research stipulates the matters addressed by the Principles. It also clarifies the cases of their application, whether by the agreement of the parties or by the adoption of the principles by the legislature. In order to cope with the international development and to encourage the foreign trade, it was finally recommended that the legislature in the Arab countries should adopt these Principles as special civil procedure rules for the matters they address, namely the transnational adjudication. The legislature may also constitute a special court to apply the Principles to all disputes in the transnational commercial (and civil) matters.