Officiële Toelichting

P-5A The specific procedure for giving notice varies somewhat among legal systems. For example, in some systems the court is responsible for giving the parties notice, including copies of the pleadings, while in other systems that responsibility is imposed on the parties. The forum's technical requirements of notice should be administered in contemplation of the objective of affording actual notice.

P-5B The possibility of a default judgment is especially important in international litigation.

P-5C The right of a party to be informed of another party's contentions is consistent with the responsibility of the court stated in Principle 22.

P-5D According to Principle 5.5, the parties should make known to each other at an early stage the elements of fact upon which their claims or defenses are based and the rules of law that will be invoked, so that each party has timely opportunity to organize its case.

P-5E The standard stated in Principle 5.6 does not require the court to consider contentions determined at an earlier stage of the proceeding or that are unnecessary to the decision. See Principle 23, requiring that the written decision be accompanied by a reasoned explanation of its legal, evidentiary, and factual basis.

P-5F Forum law may provide for expedited means of communication without party approval or special court order.

P-5G Principle 5.8 recognizes the propriety of ‘ex parte’ proceedings, such as a temporary injunction or an order for sequestration of property (provisional measures), particularly at the initial stage of litigation. Often such orders can be effective only if enforced without prior notice. An opposing party should be given prompt notice of such an order, opportunity to be heard immediately, and a right to full reconsideration of the factual and legal basis of such an order. An ex parte proceeding should be governed by Principle 8. See Principles 1.4 and 8.