Andrews on Civil Processes Volume 2

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.