Andrews on Civil Processes: Court Proceedings: Volume 1

For more information on volume 2: Arbitration and Mediation, please click here. To order both volumes as a set (with a 15% discount), please click here. 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.