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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 Punish
Andrews on Civil Processes is a fresh and stimulating examination of Civil Justice, embracing court proceedings, mediation, and arbitration. A critical and principled treatment of the subject made possible by extensive knowledge not only in the English methods and techniques but also in foreign civil procedural laws.The work guides the reader through the practice of dispute resolution in all its major forms - public and private, adjudicative and conciliatory and thus provides a complete picture of the court and arbitration systems, and of the developing technique of mediation. It is an outward-looking work and advisors seeking further leads are assisted by detailed citation of primary sources and rich bibliographical references to national and foreign works.As a fundamental and systematic treatment of the subject by a leading expert, this fully revised and updated 2nd edition is an essential work of reference for litigation advisors, judges, commentators, and students. As many non-resident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court, the clear and well-ordered structure of Andrews of Civil Process is also of interest to the lawyers beyond England and Wales.
V. 1. Court proceedings -- Part I. Introduction to the forms of civil justice -- Sources of English civil procedure -- "The big picture" : interaction of the court system and other forms of dispute resolution -- Part II. commencement of court proceedings and preparation for trial -- The six phases of court proceedings -- Commencement and service -- Pleadings and parties -- Counterclaim and set-off -- Limitation of actions -- Case management and procedural discipline -- Pre-trial termination of actions without settlement : interim, summary, default, preliminary and striking out procedures -- Disclosure -- Privileges -- Experts -- Part III. End-game : trial, appeal, finality and enforcement -- Trial and judgment -- Appeals -- Finality in court proceedings -- Enforcement of court judgments and orders -- Part IV. Costs and financing o litigation -- Basic cost principles -- Security for costs -- "No win, no fee" systems -- Part V. Special proceedings -- Protective relief -- Multi-party litigation -- Complex litigation -- The Commercial Court -- Part VI. Principles of civil litigation -- The five constellations of procedure principle -- Judicial independence and impartiality -- Due notice -- Publicity and open justice -- The duty to give reasoned decisions -- Part VII. The European context -- European influences upon English civil justice -- v. 2. Mediation and arbitration -- Part I. Mediation -- Mediation -- Mediation combined with arbitration -- Part II. Arbitration -- Commercial arbitration : what is it and why choose it? -- The major principles of arbitration and litigation : a comparison -- Fundamental features of English arbitration -- "The seat" and the range of relevant laws -- "Arbitrability" : public policy limitations upon the scope of arbitration -- A confidential process -- Arbitration agreements -- Courts giving effect to arbitration agreements -- Commencement of the submission and time issues -- The tribunal's appointment, tenure and immunity -- Pre-trial proceedings -- The hearing -- Final remedies, the award, and correction of the award by the tribunal -- Fees, expenses and recoverable costs -- Arbitration awards : issues of finality and Res Judicata -- Challenges to English arbitral awards under English law -- English enforcement of English awards -- Enforcement under the New York Convention (1958) -- Part III. Consumer ADR --Consumer disputes : extra-judicial resolution
This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques. As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.
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 Punish
This is a systematic and analytical account of the new system of civil procedure and justice in England and Wales. The book is both comprehensive and detailed, focusing in particular on the fundamental principles that underlie the post-Woolf system. These include the principles set out in the Woolf reforms themselves, principles relating to civil justice derived from the Human Rights Act and ECHR, and older common law principles that continue to apply. This book will provide a much-needed commentary to the Civil Procedure Rules.
This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.
This Handbook brings together many of the key scholars and leading practitioners in international arbitration, to present and examine cutting-edge knowledge in the field. Innovative in its breadth of coverage, chapter-topics range from the practicalities of how arbitration works, to big picture discussions of the actors involved and the values that underpin it. The book includes critical analysis of some of international arbitrations most controversial aspects, whilst providing a nuanced account overall that allows readers to draw their own informed conclusions. The book is divided into six parts, after an introduction discussing the formation of knowledge in the field. Part I provides an overview of the key legal notions needed to understand how international arbitration technically works, such as the relation between arbitration and law, the power of arbitral tribunals to make decisions, the appointment of arbitrators, and the role of public policy. Part II focuses on key actors in international arbitration, such as arbitrators, parties choosing arbitrators, and civil society. Part III examines the central values at stake in the field, including efficiency, legal certainty, and constitutional ideals. Part IV discusses intellectual paradigms structuring the thinking in and about international arbitration, such as the idea of autonomous transnational legal orders and conflicts of law. Part V presents the empirical evidence we currently have about the operations and effects of both commercial and investment arbitration. Finally, Part VI provides different disciplinary perspectives on international arbitration, including historical, sociological, literary, economic, and psychological accounts.
This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
Provides mediators and other professionals who use mediationsuch as lawyers, therapists, and personnel managerswith comprehensive, step-by-step instruction in effective dispute resolution strategies.