3 Procedural Equality of the Parties

The court should ensure equal treatment and reasonable opportunity for litigants to assert or defend their rights.

The right to equal treatment includes avoidance of any kind of illegitimate discrimination, particularly on the basis of nationality or residence. The court should take into account difficulties that might be encountered by a foreign party in participating in litigation.

A person should not be required to provide security for costs, or security for liability for pursuing provisional measures, solely because the person is not a national or resident of the forum state.

Whenever possible, venue rules should not impose an unreasonable burden of access to court on a person who is not a habitual resident of the forum.