Andrews on Civil Processes (2nd edition)

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.
Auteur(s):
Neil H. Andrews
boek | verschenen | 2e editie
april 2019 | cx + 1194 blz.

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€ 259,-

ISBN 9781780686844


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ISBN 9781780688527

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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.


Neil Andrews is Professor of Civil Justice and Private Law, University of Cambridge. He researches in the fields of dispute resolution and contract law. He was the English representative on the working party responsible for the American Law Institute, of which he is a member. He is a barrister, Bencher of Middle Temple (London) and a member of the Royal Flemish Academy of Belgium for Science and the Arts. His books have been translated into Chinese, German, Japanese, Kazakh, Portuguese, Russian and Spanish.

Hoofdstukken

Table of contents and preliminary pages (p. 0)

Part I. Introduction to the Forms of Civil Justice

Chapter 1. Introduction (p. 1)

Chapter 2. Sources of English Civil Procedure (p. 21)

Chapter 3. 'The Big Picture' (p. 31)

Part II. Commencement of Court Proceedings and Preparation for Trial

Chapter 4. The Six Phases of Court Proceedings (p. 49)

Chapter 5. Commencement and Service (p. 63)

Chapter 6. Pleadings and Parties (p. 83)

Chapter 7. Counterclaims and Set-Off (p. 109)

Chapter 8. Limitation of Actions (p. 127)

Chapter 9. Case Management and Procedural Discipline (p. 175)

Chapter 10. Pre-Trial Procedures for Interim or Final Relief (p. 197)

Chapter 11. Disclosure (p. 245)

Chapter 12. Privileges (p. 273)

Chapter 13. Experts (p. 343)

Part III. End-Game: Trial, Appeal, Finality and Enforcement

Chapter 14. Trial and Judgment (p. 371)

Chapter 15. Appeals (p. 411)

Chapter 16. Res Judicata and Finality (p. 455)

Chapter 17. Enforcement of Court Judgments and Orders (p. 495)

Part IV. Costs and the Financing of Litigation

Chapter 18. General Costs Rules (p. 521)

Chapter 19. Security for Costs (p. 555)

Chapter 20. 'No Win, No Fee' Systems (p. 565)

Part V. Special Court Proceedings

Chapter 21. Protective Relief (p. 583)

Chapter 22. Multi-Party Litigation (p. 631)

Part VI. Principles of Civil Justice

Chapter 23. Cornerstones of Civil Justice (p. 663)

Chapter 24. Judicial Independence and Impartiality (p. 715)

Chapter 25. Due Notice (p. 735)

Chapter 26. Publicity and Open Justice (p. 743)

Chapter 27. The Duty to Give Reasoned Decisions (p. 759)

Part VII. Mediation

Chapter 28. Mediation in England (p. 781)

Chapter 29. Mediation (p. 811)

Part VIII. Arbitration

Chapter 30. International Commercial Arbitration (p. 833)

Chapter 31. Fundamental Features of English Arbitration (p. 883)

Chapter 32. Validity and Interpretation of Arbitration Agreements (p. 897)

Chapter 33. 'The Seat' and the Laws Affecting the Arbitration (p. 935)

Chapter 34. Upholding the Agreement to Arbitrate (p. 955)

Chapter 35. Appointing the Tribunal (p. 985)

Chapter 36. Impartiality and Independence of Arbitral Tribunals (p. 999)

Chapter 37. Confidentiality within Arbitration (p. 1013)

Chapter 38. Preparation for the Arbitration Hearing (p. 1023)

Chapter 39. The Arbitration Hearing (p. 1037)

Chapter 40. Arbitral Awards (p. 1045)

Chapter 41. Challenging Awards Under English Law (p. 1055)

Chapter 42. Res Judicata and Arbitral Awards (p. 1093)

Chapter 43. Recognition and Enforcement of Foreign Awards (p. 1103)