Procedural agreements hold the potential to effectively
customise and expedite civil proceedings. However, their impact
on access to justice, particularly for weaker litigants, and the
potential erosion of the court's role raise significant concerns.
Despite the growing acceptance of procedural contracts, it is
still unclear how courts should interpret and when they should
enforce these agreements.
This book delves into the critical examination of choice-of-court,
evidentiary, costs, appeal, and alternative dispute resolution
agreements, offering a discussion on the boundaries between
procedural and contract law. It interrogates the entanglements
between procedural agreements, flexible procedural rules, case
management, and the increasing complexity of litigated cases.
Additionally, it examines the interrelations between procedural
contracts and current trends in civil litigation, including the
obligation of European courts to safeguard consumers against
unfair terms and the emergence of international commercial
courts.
The book provides valuable insights on procedural agreements
for both academics and practitioners, illuminating the dynamics
of 'contractualisation', 'flexibilisation', 'diversification', and
'arbitralisation' of civil litigation.