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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Andrews on Civil Processes Volume 2

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ISBN13: 9781780681252
Published: September 2013
Publisher: Intersentia Publishers
Country of Publication: Belgium
Format: Hardback
Price: £119.00

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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.

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EU Law, Courts and Procedure
Chapter 1. Mediation
Chapter 2. Mediation Combined with Arbitration

Chapter 3. Commercial Arbitration: What Is It and Why Choose It?
Chapter 4. Th e Major Principles of Arbitration and Litigation:
A Comparison
Chapter 5. Fundamental Features of English Arbitration
Chapter 6. ‘Th e Seat’ and the Range of Relevant Laws
Chapter 7. ‘Arbitrability’: Public Policy Limitations upon the Scope of
Chapter 8. A Confi dential Process
Chapter 9. Arbitration Agreements
Chapter 10. Courts Giving Eff ect to Arbitration Agreements
Chapter 11. Commencement of the Submission and Time Issues
Chapter 12. Th e Tribunal’s Appointment, Tenure and Immunity
Chapter 13. Pre-Hearing Proceedings
Chapter 14. Th e 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)'

Chapter 21. Consumer Disputes: Extra-Judicial Resolution