Andrews on Civil Processes: Volume 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.
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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