Home > Law > Laws of specific jurisdictions > Legal system: general > Legal system: costs & funding > Andrews on Civil Processes - Volume 2: Arbitration and Mediation
22%
Andrews on Civil Processes - Volume 2: Arbitration and Mediation

Andrews on Civil Processes - Volume 2: Arbitration and Mediation

          
5
4
3
2
1

Out of Stock


Premium quality
Premium quality
Bookswagon upholds the quality by delivering untarnished books. Quality, services and satisfaction are everything for us!
Easy Return
Easy return
Not satisfied with this product! Keep it in original condition and packaging to avail easy return policy.
Certified product
Certified product
First impression is the last impression! Address the book’s certification page, ISBN, publisher’s name, copyright page and print quality.
Secure Checkout
Secure checkout
Security at its finest! Login, browse, purchase and pay, every step is safe and secured.
Money back guarantee
Money-back guarantee:
It’s all about customers! For any kind of bad experience with the product, get your actual amount back after returning the product.
On time delivery
On-time delivery
At your doorstep on time! Get this book delivered without any delay.
Notify me when this book is in stock
Add to Wishlist

About the Book

In two volumes, Neil Andrews (University of Cambridge) examines civil processes in England and Wales, which are two leading legal jurisdictions in this area of law as many non-resident parties choose to conduct arbitration in London or bring proceedings before the English High Court, notably the Commercial Court. Written in a clear and well-ordered style, Andrews on Civil Processes therefore discusses the most important styles of civil dispute resolution: court proceedings (Volume 1) and mediation and arbitration (Volume 2). Andrews guides the reader through the practice of dispute resolution in all its major forms: public and private, adjudicative, and conciliatory. The subject-matter has been split into two volumes to provide specialists with a choice, however the two volumes are certainly complementary. They provide a complete picture of the court and arbitration systems, and of the developing technique of mediation. Advisors seeking further leads are also assisted by detailed citation of primary sources and rich bibliographical references. *** Volume 1: Court Proceedings - In England, there has been a sustained effort to control court proceedings and render them more efficient. This Volume 1 explores common legal principles and connections between the court system and the alternative techniques of arbitration and mediation. For example, there is discussion of: the four forms of civil justice (Chapter 1: mediation, settlement without mediation, arbitration, and court proceedings); the six phases of court proceedings (Chapter 4); the four forms of English multi-party litigation (Chapter 22); and the five constellations of procedural principle - advice and access, empowering the parties, conditions for sound decision-making, an efficient process, a fair process, and upholding judgment (Chapters 25 to 29). Most recently, reform of costs was examined by Lord Justice Jackson's inquiry in 2009-10. This 2013 publication takes the complex set of reforms and changes introduced in April 2013 into account and provides detailed discussion where relevant (inter alia. qualified one way cost shifting, damages-based agreements, and the changes to conditional fee agreements and the system of settlement offers). A convenient survey of these changes is also set out in the introductory chapter. *** Volume 2: Arbitration and Mediation - Over the last decade, there has been greater resort to non-judicial modes of dispute resolution, notably mediation and arbitration. Mediation is now better understood by businesses and organizations. In England, resort to mediation has increased, including within the heartland of commercial disputes. The Ministry of Justice for England and Wales (2010) reported 'a doubling of mediation activity since 2007.' The main factors driving increased resort to mediation, not just in England, are: (a) the perception that court litigation is unpredictable; (b) the court process is a source of expense, delay, and anxiety; (c) final judgment normally awards victory to only one winner; and (d) trial is open-air justice, visible to mankind in general. Sir Rupert Jackson has also said that 'ADR... is a tool which can be used to reduce costs... It is a sad fact that many cases settle at a late stage, when substantial costs have been run up' ('The Role of Alternative Dispute Resolution..., ' lecture, March 8, 2012). The European Directive 2008/52/EC on Mediation in Civil and Commercial Matters reflects the global rise of this technique. The English courts encourage resort to mediation, in appropriate contexts, by use of costs sanctions. Furthermore, many corporations now prefer to use international arbitration in combination with other ADR mechanisms, as specified in a 'multi-tiered' or 'escalation' dispute resolution clause. These prescribe a step-by-step approach, negotiation and mediation, which must be exhausted before the parties can commence court or arbitral proceedings. The Court of Appeal in Sulamerica Cia Nacional de Seguros SA v. Enesa Engenharia SA (2012) made clear that a contractual reference to mediation as a desirable mechanism is not the same as a clear and binding contractual commitment to engage in mediation. The same court also noted that the agreement to mediate must be sufficiently certain. Lawyers and experts in London have extensive experience of international commercial arbitration. However, London is also increasingly used by non-English parties. In Volume II, detailed discussion of arbitration places the English system in a global context. The subject is systematically arranged in 18 chapters devoted to this complex field. Chapter 3 is looking at the three pillars of commercial arbitration in particular. For non-English lawyers, important points include the following two topics: First, English awards can be challenged before the English High Court on the basis of an error of English law (section 69, Arbitration Act 1996). But, the High Court will grant permission for such an appeal only sparingly. Furthermore, a properly drafted arbitration clause can exclude this possibility of an appeal under section 69. Secondly, as for court enforcement of foreign awards, 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.


Best Sellers



Product Details
  • ISBN-13: 9781780681252
  • Publisher: Intersentia
  • Publisher Imprint: Intersentia
  • Depth: 32
  • Language: English
  • Returnable: Y
  • Spine Width: 28 mm
  • Volume: 2
  • Width: 165 mm
  • ISBN-10: 1780681259
  • Publisher Date: 13 Jun 2013
  • Binding: Hardback
  • Height: 241 mm
  • No of Pages: 430
  • Series Title: English
  • Sub Title: Mediation and Arbitration
  • Weight: 700 gr


Similar Products

How would you rate your experience shopping for books on Bookswagon?

Add Photo
Add Photo

Customer Reviews

REVIEWS           
Click Here To Be The First to Review this Product
Andrews on Civil Processes - Volume 2: Arbitration and Mediation
Intersentia -
Andrews on Civil Processes - Volume 2: Arbitration and Mediation
Writing guidlines
We want to publish your review, so please:
  • keep your review on the product. Review's that defame author's character will be rejected.
  • Keep your review focused on the product.
  • Avoid writing about customer service. contact us instead if you have issue requiring immediate attention.
  • Refrain from mentioning competitors or the specific price you paid for the product.
  • Do not include any personally identifiable information, such as full names.

Andrews on Civil Processes - Volume 2: Arbitration and Mediation

Required fields are marked with *

Review Title*
Review
    Add Photo Add up to 6 photos
    Would you recommend this product to a friend?
    Tag this Book
    Read more
    Does your review contain spoilers?
    What type of reader best describes you?
    I agree to the terms & conditions
    You may receive emails regarding this submission. Any emails will include the ability to opt-out of future communications.

    CUSTOMER RATINGS AND REVIEWS AND QUESTIONS AND ANSWERS TERMS OF USE

    These Terms of Use govern your conduct associated with the Customer Ratings and Reviews and/or Questions and Answers service offered by Bookswagon (the "CRR Service").


    By submitting any content to Bookswagon, you guarantee that:
    • You are the sole author and owner of the intellectual property rights in the content;
    • All "moral rights" that you may have in such content have been voluntarily waived by you;
    • All content that you post is accurate;
    • You are at least 13 years old;
    • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.
    You further agree that you may not submit any content:
    • That is known by you to be false, inaccurate or misleading;
    • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
    • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
    • For which you were compensated or granted any consideration by any unapproved third party;
    • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
    • That contains any computer viruses, worms or other potentially damaging computer programs or files.
    You agree to indemnify and hold Bookswagon (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.


    For any content that you submit, you grant Bookswagon a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell, transfer, and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. Additionally,  Bookswagon may transfer or share any personal information that you submit with its third-party service providers, including but not limited to Bazaarvoice, Inc. in accordance with  Privacy Policy


    All content that you submit may be used at Bookswagon's sole discretion. Bookswagon reserves the right to change, condense, withhold publication, remove or delete any content on Bookswagon's website that Bookswagon deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use.  Bookswagon does not guarantee that you will have any recourse through Bookswagon to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Bookswagon reserves the right to remove or to refuse to post any submission to the extent authorized by law. You acknowledge that you, not Bookswagon, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Bookswagon, its agents, subsidiaries, affiliates, partners or third party service providers (including but not limited to Bazaarvoice, Inc.)and their respective directors, officers and employees.

    Accept

    New Arrivals



    Inspired by your browsing history


    Your review has been submitted!

    You've already reviewed this product!