Shaping Civil Litigation Using Procedural Agreements

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.