Masood Ahmed

Associate Professor
Email: masood.ahmed@le.ac.uk
Telephone: +44 (0)116 252 2362

Personal details

BA (Hons) / MA (Cantab); PG Dip. (Cardiff); PG Cert Ed. (Birmingham City); Solicitor (non-practising); Fellow of the Higher Education Academy

I read law at the University of Cambridge (Sidney Sussex College) and completed my Postgraduate Diploma in Legal Practice at Cardiff University. I qualified as a solicitor at an international commercial law firm and focused on commercial dispute resolution (including international commercial arbitration and mediation) and commercial transactional work.

I am the Alternative Dispute Resolution editor of the Civil Justice Quarterly and a member of the editorial board of Frontiers of Legal Research. I established and I am the convenor of the Civil Justice Systems and ADR stream for the Socio-Legal Studies Association Conference. I am also an external examiner at the University of Oxford where I have assessed postgraduate theses in the area of civil procedure. I have been a visiting lecturer in international commercial arbitration at Masaryk University (Czech Republic) and was invited to give a series of lectures on international commercial arbitration and Islamic finance to Justices of the Supreme Court of Indonesia. I am frequently invited to speak at conferences and round-table discussions on the civil justice system and alternative dispute resolution.

I also have a passion for the works of Charles Williams, J. R. R. Tolkien and C.S Lewis.

Research

My primary research interests are in civil procedure/civil justice; alternative dispute resolution (especially commercial arbitration and mediation) and the interrelationship between ADR and the Civil Procedure Rules. My research on civil procedure led me to be co-opted to a specialist sub-committee of the Civil Procedure Rule Committee to assist it on the implementation of the Jackson Reforms to the General Pre-action Protocol. A number of my recommendations discussed in my paper ‘An Alternative Approach to Repealing the General Pre-action Protocol’ (below) were adopted.

I was appointed by the Professional Negligence Adjudication Pilot Scheme Working Party to review and evaluate a novel ADR procedure for professional negligence disputes. The Working Party consisted of Mrs Justice Carr, Mr Justice Fraser, the Ministry of Justice, the Association of British Insurers, the Professional Negligence Bar Association; and the Professional Negligence Lawyers Association. My report (below) was welcomed and approved by the Working Party and Lord Justice Coulson (Deputy Head of Civil Justice) and the majority of my recommendations were accepted and implemented.

I am a member of the Civil Procedure Rule Committee (CPRC). The CPRC is an advisory non-departmental public body sponsored by the Ministry of Justice and its function is to make rules of court governing the practice and procedure in: the civil division of the Court of Appeal; the High Court; and the County Court. I work with members of the judiciary including the Master of the Rolls and Head of Civil Justice; the Deputy Head of Civil Justice and leading practitioners in drafting new rules; reviewing and amending existing rules; implementing key reforms; and considering and advising on proposals from specialist sub-committees of the CPRC.

I can be found on Twitter @ahmedCivJustice discussing developments in civil justice and ADR.

PhD Supervision

I supervise in the areas of Civil Justice Systems; Civil Procedure; International Commercial Arbitration; Alternative Dispute Resolution.

 

  • The many faces of mediation and its place in modern civil procedure: A comparative analysis of the concept, its practice and policy considerations in Turkey, UK and Ontario,  Fatma Nursima Arslan
  • The practice of mediation in the England and Wales: Can parties be encouraged to use mediation to achieve timely and cost-effective settlements without a need to make the use of mediation mandatory in dealing with civil disputes?,  Md Maher Abbasy
  • The intersection of treaty interpretation and the boundary of sovereign power in international economic agreements,  Ying-Jun Lin
  • The international Carriage of Goods by Sea Conventions: A Comparative Study of the burden of proof of the exercise of due diligence,  Ahmed Hasan
  • The carrier’s obligation to exercise reasonable diligence in the performance of a contractual voyage - a comparative analysis,  Tom Egbe
  • A legal analysis of the move toward economic liberalization and foreign investment in Iran,  Siavash Askarirad

 

Teaching

Undergraduate

Civil Justice System; Dispute Resolution; International Commercial Arbitration.

Postgraduate

Civil Dispute Resolution Methods; International Commercial Arbitration; Carriage of Goods by Sea.

Publications

Selected publications (peer-reviewed)

  • M. Ahmed (with F. Arslan) 'Compelling parties to judicial early neutral evaluation' Civil Justice Quarterly - 7,000 words - forthcoming.
  • M. Ahmed 'Moving on from a judicial preference for mediation to embed appropriate dispute resolution' (2019) 70(3) Northern Ireland Legal Quarterly 331-154.
  • M. Ahmed 'A Critical Review of the Business & Property Courts of England and Wales' in X. Kramer and J. Sorabji (ed.) International Business Courts – A European and Global Perspective (Eleven International Publishing) 2019 21-43.
  • M. Ahmed 'Critical Reflections on the UNCITRAL Convention on the Enforcement of Mediation Settlement Agreements' (2019) Lloyd's Maritime & Commercial Law Quarterly 259-270.  Open access version
  • M. Ahmed 'A Novel ADR Procedure for Professional Negligence Disputes' (2019) 35(1) Journal of Professional Negligence 54-70.  Open access version
  • M. Ahmed 'Procedural Rules and Judicial Discretion' (2018) 37 (2) Civil Justice Quarterly 149-160.  Open access version
  • M. Ahmed 'An investigation into the nature and role of non-settled ADR' (2017) 7(2) International Journal of Procedural Law 216-249.  Open access version
  • M. Ahmed ‘Reflections on Judicial Approaches to the IBA Guidelines on Conflicts of Interest in International Arbitration’ (2017) 28 (4) European Business Law Review 649-666.  Open access version
  • M. Ahmed 'A Critical View of Stage 1 of the Online Court' (2017) 36(1) Civil Justice Quarterly -  Briggs Civil Courts Structure Review & Online Court Special Edition 12-22.
  • M. Ahmed (with P. Vargiu) 'Interpretation and Application of the New York Convention in the United Kingdom', in G. Bermann (ed.), Interpretation and Application of the New York Convention (Springer) 2017 977-995.
  • M. Ahmed (with Prof B. Billingsley) ‘Evolution, Revolution & Culture Shift:  A Critical Analysis of Compulsory ADR in England and Canada’ (2016) 45(2) Common Law World Review 186–213.  Open access version,   https://doi.org/10.1177/1473779516657745
  • M. Ahmed 'The merits factor in assessing an unreasonable refusal to ADR: A critique and a proposal' (2016) 8 Journal of Business Law 646-669.  Open access version
  • M. Ahmed (with H. Yu) 'Keeping the Invisible hand under control? – Arbitrator’s mandate and assisting third parties' (2015) 19 (2) Vindobona Journal of International Commercial Law and Arbitration 213-242.  Open access version
  • M. Ahmed 'Bridging the gap between ADR and robust adverse costs orders' (2015) 66(1) Northern Ireland Legal Quarterly 71-92 re-published in Contemporary Readings in Law and Social Justice (Addelton Academic Publishers, New York) 2016.  Open access version
  • M. Ahmed 'Procedural Non-compliance and Relief from Sanctions after the Jackson Reforms: Striking the Balance' (2015) 5(1) International Journal of Procedural Law 71-95.  Open access version
  • M. Ahmed 'Loosening the Grip of the Contracts (Rights of Third Parties) Act 1999 on Arbitration Agreements' (2014) 31(5) Journal of International Arbitration 515-540.  Open access version
  • M. Ahmed 'Silence in the face of invitations to mediate' (2014) 73(1) Cambridge Law Journal 35-37
  • M. Ahmed ‘An Alternative Approach to Repealing the General Pre-action Protocol’ (2013) 32(2) Civil Justice Quarterly 257-274.
  • M. Ahmed ‘Implied Compulsory Mediation’ (2012) 31(2) Civil Justice Quarterly 151-175.
  • M. Ahmed (with H. Yu) ‘The new French Arbitration Law: an analysis’ (2012) 15(1) International Arbitration Law Review 20-29.

Selected publications (professional journals)

  • M. Ahmed 'The ‘additional amount’: an all-or-nothing affair?' (2019) New Law Journal 15-16.
  • M. Ahmed 'ADR for Professional Negligence' (2018) 168 (7803) New Law Journal 14-15.
  • M. Ahmed (with C. Pennells) 'Declaring a 'winner'' (2016) 7708 New Law Journal 14.
  • M. Ahmed (with E. Archibald) ‘Ignore now, pay later’ (2014) 164 (7594) New Law Journal 15-16.
  • M. Ahmed ‘Appeals on issues of fact – Maintaining the status quo’ (2011) 6(2) Global Arbitration Review 46.

Reports

M. Ahmed, Review of the Professional Negligence Adjudication Pilot Scheme (November 2017) - Review and evaluation of the Pilot Scheme for the Adjudication Working Party. Report recommendations approved and implemented by the Working Party and the Deputy Head of Civil Justice. The Scheme now forms part of the Professional Negligence Pre-action Protocol.  Open access version

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