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Former Members of

The Commission on International Rules of Judicial Procedure

Malcolm R. Wilkey, 1958-1959, when Assistant Attorney General, Office

of Legal Counsel, Departrient of Justice; now, member of the firm of Butler, Binion, Rice & Cook, P.O. Box 2200, Houston 1, Texas.

THE FORMER MEMBERS OF

THE ADVISORY COMMITTEE ON INTERNATIONAL RULES OF JUDICIAL
PROCEDURE

Henry P. de Vries, 1959-1961; Professor of Law, Columbia University

Law School, and Associate Director, Parker School of Foreign and Comparative Law, Columbia University, New York 27, New York.

Major General George W. Hickman, Jr., USA, Retired, 1959-1961;

Professor of Law, University of San Diego School of Law,
San Diego, California; formerly, The Judge Advocate General,
Departrent of the Army, Washington 25, D.C.

Henry G. McMahon, 1959-1961; Professor of Law and former Dean,

Louisiana State University Law School, Baton Rouco,
Louisiana; formerly, Reporter, Louisiana Code of Civil
Procedure.

Alexander Nekan, 1959-1961; Professor of Law, Northwestern University

Law School, Chicago, Illinois; formerly, Hungarian Ministry of Justice and Foreign Office, Budapest.

Lyran M. Tondel, Jr., 1961; member of the firm of Cleary, Gottlieb &

Steen (Cleary, Gottlieb, Steen & Hamilton), 52 Wall Street,
New York 5, New York; formerly, Chairman of the Section of
International and Comparative Law, American Bar Association.

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THE FCURTH AMTUAL REPORT

OF

THE COMMISSION ON INTERNATIONAL RULES OF JUDICIAL PROCEDURE

I.

This report is submitted at a tire when the Commission has sub

stantially completed the first phase of its work - a study of the

federal and state statutes and the federal rules of procedure involved

in practice in International litigation. The Commission's recommenda

tions for improvement of the federal statutes have been submitted to

the President in form for presentation to the Congress. This report

covers the period from that of the Third Annual Report, submitted on

January 20, 1962, to date.

Since the last Annual Report the following changes have occurred in

the membership of the Cermission:

On April 3, 1962, the President appointed Abner V. McCall,

the President of Baylor University, Waco, Texas, as a public member

of the Commission.

On August 17, 1962, Nicholas deb. Katzenbach, a Department of

Justice representative, resigned after becoming Deputy Attorney General,

and the Attorney General designated Norbert A. Schlei, Assistant At

torney General in charge of the Office of Legal Counsel, as his successor.

On January 2, 1962, Salvatore Bontempo, a Department of State

representative, resigned and on November 6, 1962, the Secretary of

State designated Abba P. Schwartz, Administrator of the Bureau of

Security and Consular Affairs, as his successor.

No change has occurred in the membership of the Advisory

Ccrmittee.

1

During the period covered by this report the Commission and its

Advisory Committee have continued their collaboration with the Colum

bia University Law School, As stated in the Second Annual Report of the

Commission, when the Congress, in 1959, failed to make an appropriation

of funds to finance the work of the Commission for the ensuing year, the

Commission, with the approval of the President, decided to seek funds

from private sources.

The Carnegie Corporation, in April, 1960, made a

grant of $350,000 to the Columbia University Law School for the purpose of

financing a program of the Columbia Law School, which included research and

drafting necessary to the Commission's program. The grant covered the

period expiring December 31, 1962. The Law School established a Project

on International Procedure as an instrumentality for administering the

grant and for collaborating with the Commission and its Advisory Committee.

The Cormission and the Columbia Project agreed upon a plan of

operation as scon as the Carnegie grant was announced. It was decided that

the staffs of the Commission and the Columbia Project would undertake a

study of all the federal statutes and federal rules of procedure involved

in international judicial assistance and draft such revisions of the

statutes and rules as appeared necessary to effect improvements. It was

also determined to make a study of the law and rules of procedure of

the states, and to prepare, for recommendation to the National Conference

of Commissioners on Unifor State Laws, uniform or model state laws

embodying the substance of recommendations to be made for the improvements

of federal law and procedure.

A drafting group, made up of members of the Columbia Project and

certain members of the Advisory Committee, was established. Its mem

bership was as follows: Judge Albert B. Maris, a member of the Advisory

Committee, who served as Chairman of the group; Philip W. Amram, Chair

man of the Advisory Committee; Professor Rudolf B. Schlesinger and

Dr. Charles J. Zinn, members of the Advisory Committee; Harry LeRoy Jones,

Director of the Commission; Professor Willis L. M. Reese, Chairman of the

Faculty Executive Ccromittee of the Columbia Project; Professors Hans Smit

and Arthur R. Miller, Director and Associate Director of the Columbia

Project, and Professors Maurice Rosenberg, Henry P. de Vries, Jack B.

Weinstein and Paul R, Hays (who has since become a judge of the Court of

Appeals for the Second Circuit) of Columbia Law School.

The Chairman of the drafting group, Judge Albert B. Maris, is also

Chairman of the Standing Committee on Rules of Practice and Procedure of

the Judicial Conference of the United States. At the invitation of the

Chairman of the Standing Committee, the drafting Group early established

liaison with the Advisory Committee on Civil Rules of the Judicial Conference,

of which the Honorable Dean Acheson is Chairman and Professor Benjamin

Kaplan, of Harvard Law School, 1s Reporter. In its study of the rules of

civil procedure which relate to foreign practice the drafting group has

continually worked in collaboration with the Civil Rules Advisory Committee

and, to a lesser extent, with the Advisory Committee on Rules of Criminal

Procedure and the Advisory Committee on Admiralty Rules.

of the proposed

amendments to the Rules of Civil Procedure contained in the Preliminary

Draft circulated to the Bench and Bar by the Committee on Rules of

Practice and Procedure of the Judicial Conference in October, 1961, draft

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