Document Type : Article
Authors
1 Ph.D. Student in Private Law, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran
2 Associate Prof of International Law, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran
3 Associate Prof of Private Law, Department of Law, Faculty of Administrative Sciences and Economics, University of Isfahan, Isfahan, Iran
Abstract
The creation of a global village has led to an increase in relationships among individuals and consequently to the emergence of legal disputes between them. In this context, harmonizing the laws of different countries will lead to a more effective resolution of disputes. Although previously the focus of legal doctrine was on standardizing substantive rules, coordination of procedural rules received less attention for various reasons, including the perception of procedural law as less important and the generalization of such rights, recent trends indicate a movement towards unifying these rules. This research, utilizing both domestic and foreign sources, has shown that while some legal scholars oppose the unification of procedural rules due to the difficulty of achieving it and various economic reasons, harmonizing regulations is desirable for several reasons. These include economic benefits, advantages of litigation over arbitration, resolution of issues related to overlapping jurisdictions, addressing conflicts in the jurisdiction of foreign courts, and establishing the principle of res judicata at the international level. Thus, not only is it desirable, but it also appears necessary. The conclusion is that the unification of procedural regulations will resolve existing disputes in the legal proceedings of various legal systems, lead to a unified method of litigation, ensure the enforcement of civil judgments—which are the fruits of litigation—and establish justice.
Keywords
English
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