A Digest of the New York Code of Civil Procedure

Arbitration, as an alternative way to resolve commercial disputes, has been used in Kazakhstan for more than twenty years. Arbitration Court is governed by Civil Procedure Code, The Law On Enactments and the Regulatory Resolution. The expansion of the list of documents in the Regulatory Resolution does not comply with the requirements of the New York Convention and therefore, the purpose of our study is to clarify it. The research institute of private law of the Caspian University together with Kazakhstan International Arbitration prepared proposals for making amendments and supplements to the Law On Arbitration and the CPC at the request of the Arbitration Chamber of Kazakhstan. Most of the proposals developed by us were approved and included in the Draft Law of the Republic of Kazakhstan On Amendments and Supplements to Certain Enactments of the Republic of Kazakhstan On Enhancing Protection of Title and Arbitration after discussion at the meetings of the General Meeting members of Arbitration Chamber of Kazakhstan. It was proposed to bringing in compliance with the New York Convention some paragraphs of the Art. 255 and the Art. 504 of CPC and a series of articles in the Law on arbitration. In this article also given answers to some questions of the arbitration court regarding corporate and marriage dispute, as well as an issue of contradiction public policy.

Download Full-text

Civil Procedure in Japan. Takaaki Hattori/Dan Fenno Henderson. New York: Matthew Bender, 1983. 1 vol. (loose-leaf). [The Parker School of Foreign and Comparative Law in collaboration with the Columbia University School of Law Project on International Procedure, Hans SMIT, Director and Editor]. U.S. $100.00.

International Journal of Legal Information ◽

10.1017/s0731126500016589 ◽

1984 ◽

Vol 12 (1-2) ◽

pp. 27-29

Author(s):

Bryant G. Garth

Keyword(s):

New York ◽

Comparative Law ◽

Civil Procedure ◽

Columbia University

Download Full-text

Effects of Public Policy on Arbitration

International Conference on Eurasian Economies 2013 ◽

10.36880/c04.00805 ◽

2013 ◽

Author(s):

Mustafa Topaloğlu

Keyword(s):

Public Policy ◽

New York ◽

Civil Procedure ◽

Point Of View ◽

International Arbitration ◽

Legal Rules ◽

The Public ◽

International Private Law ◽

New York Convention ◽

Court Of First Instance

Public policy is a ambiguous concept. Public policy can be defined as a set of rules which protecting the essential structure of society and its interests. Under New York Convention dated 1958, an arbitration verdict which breaching of public policy in the executing country can’t be executed. Same provision valid under Turkish Act Related International Private Law and Procedure Law. An arbitration verdict can’t be subject to appeal directly. But, it can be sued for annulment before court of first instance. The public policy is stipulated as a ground of annulment in the Turkish International Arbitration Act. New Turkish Civil Procedure Act accepted same solution about domestic arbitration. In this paper was tried to define the public policy concept and examined point of view of legal rules questioned above.

Download Full-text

Procedure and Practice: An Age of Reform

A History of American Law ◽

10.1093/oso/9780190070885.003.0012 ◽

2019 ◽

pp. 373-390

Author(s):

Lawrence M. Friedman

Keyword(s):

United States ◽

Nineteenth Century ◽

New York ◽

The United States ◽

Civil Procedure ◽

Appellate Courts ◽

Procedural Reform

This chapter discusses procedural reform in the second half of the nineteenth century, covering the Field Code, appellate courts, and codification and reform. The year 1848 is considered by some lawyers and historians as a time of procedural revolution, although perhaps a mild one. In that year, New York passed an “act to simplify and abridge the Practice, Pleadings, and Proceedings of the Courts.” This was a full-blown Code of Civil Procedure, radically new at least in appearance. The Code is often called the Field Code, after David Dudley Field, who did more than anyone else to devise it and get it enacted. The Field Code also served as a catalytic agent for procedural reform in other parts of the United States.

Download Full-text