MODULE I. GENERAL QUESTIONS
Topic 1. Introduction to the Course. Content, structure, goal and main tasks of the course «International Civil Procedure». The meaning of the terms «International civil procedure», «transnational litigation», «cross-border litigation». Discussion about legal nature of international civil procedure. Scientific and academic literature on the issues of international civil procedure.
Topic 2. Subject, methods and scope of the Law of International Civil Procedure.
Modern methods of the settlement of cross-border disputes under civil, commercial and family law. Practical importance of international civil procedure. Main features of relations regulated by the rules of international civil procedure, methods of its regulation. The scope of the Law of International Civil Procedure and the main trends of its development. Characteristic of the institutes that form modern Law of International Civil Procedure.
Topic 3. Sources of Law of International Civil Procedure. System of sources of Law of International Civil Procedure, the trends of its development. Conflicts in the system of sources and the measures of its resolution. Description of international treaties that contain rules of International Civil Procedure. International organizations working for the unification of rules in the field of civil procedure. Codification of national legislation concerning proceedings with participation of foreigners, peculiarities and problems of application of Ukrainian legislation. Judgments of international courts. «Soft law» as the source of Law.
Topic 4. Harmonization of civil procedure in the European Union. European basis for Civil Procedural Law and further development (the Treaties of Amsterdam and Lisbon). Interpretation by the Court of Justice (ECJ). Overview of the existing European legislation.
Topic 5. Principles of International Civil Procedure. Significance of principles of International Civil Procedure. System of the principles of International Civil Procedure. The principle lex fori. The principle of mutuality (reciprocity). Principles and Rules of Transnational Civil Procedure, adopted by International Institute for the Unification of Private Law (UNIDROIT) and American Law Institute (ALI): history and background of the Project, recognition of the Principles and Rules, purpose of the Principles and Rules, its structure. The principle of independence, impartiality and qualifications of the court and its judges. The principle of procedural equality of the parties. Principles that determine structure of the proceedings with participation of foreigners. Principles that regulate jurisdiction and enforcement of foreign court’s judgments.
Topic 6. Legal status of foreign persons in proceedings. International treaties and laws of Ukraine concerning the peculiarities of participation of foreigners in proceedings. Hague Convention on civil procedure of 1954. Hague Convention on international access of justice of 1980. International agreements on legal aid. Council Directive 2002/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes.
Law determining civil procedural capacity of foreign persons. Documents that confirm legal status of foreign person (legal personality of the legal entity) and its investigation by the court. Recognition of documents issued by the foreign state’s authorities.
Topic 7. Translator, expert and foreign state as the participant of international civil procedure. Language of the proceeding with participation of foreigners. Provision of translation. Requirements for translation of documents and testimonies. Appointment of expert. Expert evidence. Amicus Curiae submission. Peculiarities of participation of foreign state, diplomatic agents, staff of international organizations. Conventions on state immunity.