Andrews on Civil Processes: Vol 1 & 2 Vol. 1: Court Proceedings / Vol. 2: Arbitration and Mediation
By: Neil H. Andrews (author)Hardback
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Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. The book, published in two volumes, will help lawyers (whether practitioners, judges, policy-makers, or other jurists) in England, Europe, and the wider world. Whilst it focuses on English law, this is of interest to lawyers around the world, especially because of the cross-border nature of many disputes. This new work is distinctive because it: provides detailed examination of English civil proceedings (volume I) and of mediation and arbitration (volume II); - explains the connections between these three modes of dispute-resolution; - identifies the fundamental principles of court proceedings and of arbitration; - assesses the merits of mediation and the scope for encouraging people to pursue it; - arranges all these forms of civil justice in a systematic way. Three notable developments, all covered in this book, are: - The Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduces American-style contingency fees (so-called 'damages-based agreements'). - In England resort to mediation has increased.
The European Directive on Mediation (2008) reflects the global rise of this technique. - In Dallah Real Estate & Tourism Holding Co v. Pakistan (2010) the UK Supreme Court refused to enforce a Paris arbitral award because (in its view) the arbitral tribunal had incorrectly held that the Government of Pakistan was party to the arbitration agreement.
VOLUME I Preface Table of Cases Table of Statutes Table of Statutory Instruments PART I INTRODUCTION TO THE FORMS OF CIVIL JUSTICE Chapter 1. Introduction Chapter 2. Sources of English Civil Procedure Chapter 3. 'The Big Picture': Interaction of the Court System and Other Forms of Dispute Resolution PART II COMMENCEMENT OF COURT PROCEEDINGS AND PREPARATION FOR TRIAL Chapter 4. The Six Phases of Court Proceedings Chapter 5. Commencement and Service Chapter 6. Pleadings and Parties Chapter 7. Counterclaims and Set-Off Chapter 8. Limitation of Actions Chapter 9. Case Management and Procedural Discipline Chapter 10. Pre-Trial Termination of Actions Without Settlement: Interim, Summary, Default, Preliminary and Striking Out Procedures Chapter 11. Disclosure Chapter 12. Privileges Chapter 13. Experts PART III END-GAME: TRIAL, APPEAL, FINALITY AND ENFORCEMENT Chapter 14. Trial and Judgment Chapter 15. Appeals Chapter 16. Finality in Court Proceedings Chapter 17. Enforcement of Court Judgments and Orders. PART IV COSTS AND FINANCING OF LITIGATION Chapter 18. Basic Costs Principles Chapter 19. Security for Costs Chapter 20. 'No Win, No Fee' Systems PART V SPECIAL PROCEEDINGS Chapter 21. Protective Relief Chapter 22. Multi-Party Litigation Chapter 23. Complex Litigation Chapter 24. The Commercial Court PART VI PRINCIPLES OF CIVIL LITIGATION Chapter 25. The Five Constellations of Procedural Principle Chapter 26. Judicial Independence and Impartiality Chapter 27. Due Notice Chapter 28. Publicity and Open Justice Chapter 29. The Duty to Give Reasoned Decisions PART VII THE EUROPEAN CONTEXT Chapter 30. European Influences upon English Civil Justice Select Bibliography Index to Volumes I and II VOLUME II Table of Cases Table of Statutes Table of Statutory Instruments PART I MEDIATION Chapter 1. Mediation Chapter 2. Mediation Combined with Arbitration PART II ARBITRATION Chapter 3. Commercial Arbitration: What Is It and Why Choose It? Chapter 4. The Major Principles of Arbitration and Litigation: A Comparison Chapter 5. Fundamental Features of English Arbitration Chapter 6. 'The Seat' and the Range of Relevant Laws Chapter 7. 'Arbitrability': Public Policy Limitations upon the Scope of Arbitration Chapter 8. A Confidential Process Chapter 9. Arbitration Agreements Chapter 10. Courts Giving Effect to Arbitration Agreements Chapter 11. Commencement of the Submission and Time Issues Chapter 12. The Tribunal's Appointment, Tenure and Immunity Chapter 13. Pre-Hearing Proceedings Chapter 14. The Hearing Chapter 15. Final Remedies, the Award, and Correction of the Award by the Tribunal Chapter 16. Fees, Expenses and Recoverable Costs Chapter 17. Arbitration Awards: Issues of Finality and Res Judicata Chapter 18. Challenges to English Arbitral Awards under English Law Chapter 19. English Enforcement of English Awards Chapter 20. Enforcement under the New York Convention (1958) PART III CONSUMER ADR Chapter 21. Consumer Disputes: Extra-Judicial Resolution Select Bibliography Index to Volumes I and II
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