Andrews on Civil Processes Volume 2
Published: September 2013
Publisher: Intersentia Publishers
Country of Publication: UK
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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.