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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
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,
Henry G. McMahon, 1959-1961; Professor of Law and former Dean,
Louisiana State University Law School, Baton Rouco,
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,
THE FCURTH AMTUAL REPORT
THE COMMISSION ON INTERNATIONAL RULES OF JUDICIAL PROCEDURE
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
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