Discourse and Practice in International Commercial Arbitration

Discourse and Practice in International Commercial Arbitration

Author: Christopher N. Candlin

Publisher: Routledge

Published: 2016-05-23

Total Pages: 325

ISBN-13: 1317149947

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It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.


Book Synopsis Discourse and Practice in International Commercial Arbitration by : Christopher N. Candlin

Download or read book Discourse and Practice in International Commercial Arbitration written by Christopher N. Candlin and published by Routledge. This book was released on 2016-05-23 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.

Discourse and Practice in International Commercial Arbitration

Discourse and Practice in International Commercial Arbitration

Author: Christopher Candlin

Publisher:

Published: 2012

Total Pages: 322

ISBN-13: 9781315577463

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Book Synopsis Discourse and Practice in International Commercial Arbitration by : Christopher Candlin

Download or read book Discourse and Practice in International Commercial Arbitration written by Christopher Candlin and published by . This book was released on 2012 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Arbitration Discourse and Practices in Asia

International Arbitration Discourse and Practices in Asia

Author: Vijay K. Bhatia

Publisher: Routledge

Published: 2017-07-28

Total Pages: 224

ISBN-13: 1351860127

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International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.


Book Synopsis International Arbitration Discourse and Practices in Asia by : Vijay K. Bhatia

Download or read book International Arbitration Discourse and Practices in Asia written by Vijay K. Bhatia and published by Routledge. This book was released on 2017-07-28 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors. The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.

The Discourses of Dispute Resolution

The Discourses of Dispute Resolution

Author: Vijay Kumar Bhatia

Publisher: Peter Lang

Published: 2010

Total Pages: 304

ISBN-13: 9783034304764

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This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.


Book Synopsis The Discourses of Dispute Resolution by : Vijay Kumar Bhatia

Download or read book The Discourses of Dispute Resolution written by Vijay Kumar Bhatia and published by Peter Lang. This book was released on 2010 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the 'integrity' of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.

Legal Interpretation in International Commercial Arbitration

Legal Interpretation in International Commercial Arbitration

Author: Joanna Jemielniak

Publisher: Routledge

Published: 2016-04-22

Total Pages: 278

ISBN-13: 1317106202

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This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.


Book Synopsis Legal Interpretation in International Commercial Arbitration by : Joanna Jemielniak

Download or read book Legal Interpretation in International Commercial Arbitration written by Joanna Jemielniak and published by Routledge. This book was released on 2016-04-22 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.

Arbitration Awards

Arbitration Awards

Author: Vijay K. Bhatia

Publisher: Cambridge Scholars Publishing

Published: 2012-11-13

Total Pages: 260

ISBN-13: 144384277X

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This volume focuses on arbitration awards as a discursive genre and draws on the results of research on the discourses of international commercial arbitration conducted within the framework of an international project (“International Commercial Arbitration Practices: A Discourse Analytical Study”) setting out to explore the hypothesis that, as suggested in recent times by various scholars, arbitration practice, procedures and discourses are being increasingly contaminated by litigation, thus compromising the integrity of arbitration principles. The genre investigated is especially interesting in this respect, as arbitration awards represent the final textual outcome of arbitration proceedings. The various chapters of the book, based on the analysis of different international corpora of arbitration awards in various languages (English, French, Italian, Spanish and Chinese), attack the same theme, investigating different aspects of the discursive construction of awards, with a view to identifying any elements of interdiscursivity that may provide evidence for or against the main hypothesis. The discussion of these issues also has theoretical relevance, as it provides interesting insights into the mechanisms that preside over the contamination and hybridization among genres in professional practice.


Book Synopsis Arbitration Awards by : Vijay K. Bhatia

Download or read book Arbitration Awards written by Vijay K. Bhatia and published by Cambridge Scholars Publishing. This book was released on 2012-11-13 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on arbitration awards as a discursive genre and draws on the results of research on the discourses of international commercial arbitration conducted within the framework of an international project (“International Commercial Arbitration Practices: A Discourse Analytical Study”) setting out to explore the hypothesis that, as suggested in recent times by various scholars, arbitration practice, procedures and discourses are being increasingly contaminated by litigation, thus compromising the integrity of arbitration principles. The genre investigated is especially interesting in this respect, as arbitration awards represent the final textual outcome of arbitration proceedings. The various chapters of the book, based on the analysis of different international corpora of arbitration awards in various languages (English, French, Italian, Spanish and Chinese), attack the same theme, investigating different aspects of the discursive construction of awards, with a view to identifying any elements of interdiscursivity that may provide evidence for or against the main hypothesis. The discussion of these issues also has theoretical relevance, as it provides interesting insights into the mechanisms that preside over the contamination and hybridization among genres in professional practice.

The Principles and Practice of International Commercial Arbitration

The Principles and Practice of International Commercial Arbitration

Author: Margaret L. Moses

Publisher: Cambridge University Press

Published: 2024-01-31

Total Pages: 433

ISBN-13: 1009444719

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This book not only deals with the broad application of international treaties, guidelines, laws and rules affecting international commercial arbitration, but also includes information about the most recent developments in the field. Readers learn how arbitration works, from the request to arbitrate, the selection of arbitrators, the procedures leading up to the hearing, the witnesses and evidence at the hearing, to the granting of the final award. Along the way, many strategies and tactics come into play, as an arbitration moves toward the goal of resolving the dispute. The reader learns to appreciate the application of different laws and ethical concepts that may vary by jurisdiction, including the ethical obligations of arbitrators and of counsel. Throughout, the principles of international arbitration are supported by the practice, providing a very concrete approach to the resolution of international disputes by arbitration.


Book Synopsis The Principles and Practice of International Commercial Arbitration by : Margaret L. Moses

Download or read book The Principles and Practice of International Commercial Arbitration written by Margaret L. Moses and published by Cambridge University Press. This book was released on 2024-01-31 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book not only deals with the broad application of international treaties, guidelines, laws and rules affecting international commercial arbitration, but also includes information about the most recent developments in the field. Readers learn how arbitration works, from the request to arbitrate, the selection of arbitrators, the procedures leading up to the hearing, the witnesses and evidence at the hearing, to the granting of the final award. Along the way, many strategies and tactics come into play, as an arbitration moves toward the goal of resolving the dispute. The reader learns to appreciate the application of different laws and ethical concepts that may vary by jurisdiction, including the ethical obligations of arbitrators and of counsel. Throughout, the principles of international arbitration are supported by the practice, providing a very concrete approach to the resolution of international disputes by arbitration.

Law and Practice of International Commercial Arbitration

Law and Practice of International Commercial Arbitration

Author: Alan Redfern

Publisher:

Published: 1991

Total Pages: 904

ISBN-13:

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This volume provides a detailed review of the process of international commercial arbitration, from the drafting of the arbitration agreement to the enforcement of the arbitral tribunal's award. It has been revised to include appendices which describe the arbitration rules of various countries.


Book Synopsis Law and Practice of International Commercial Arbitration by : Alan Redfern

Download or read book Law and Practice of International Commercial Arbitration written by Alan Redfern and published by . This book was released on 1991 with total page 904 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a detailed review of the process of international commercial arbitration, from the drafting of the arbitration agreement to the enforcement of the arbitral tribunal's award. It has been revised to include appendices which describe the arbitration rules of various countries.

Discourse and Practice in International Commercial Arbitration

Discourse and Practice in International Commercial Arbitration

Author: Christopher N. Candlin

Publisher: Routledge

Published: 2016-05-23

Total Pages: 344

ISBN-13: 1317149955

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It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.


Book Synopsis Discourse and Practice in International Commercial Arbitration by : Christopher N. Candlin

Download or read book Discourse and Practice in International Commercial Arbitration written by Christopher N. Candlin and published by Routledge. This book was released on 2016-05-23 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.

Arbitration Awards

Arbitration Awards

Author: Vijay Kumar Bhatia

Publisher: Cambridge Scholars Publishing

Published: 2012

Total Pages: 0

ISBN-13: 9781443840910

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This volume focuses on arbitration awards as a discursive genre and draws on the results of research on the discourses of international commercial arbitration conducted within the framework of an international project (â oeInternational Commercial Arbitration Practices: A Discourse Analytical Studyâ ) setting out to explore the hypothesis that, as suggested in recent times by various scholars, arbitration practice, procedures and discourses are being increasingly contaminated by litigation, thus compromising the integrity of arbitration principles. The genre investigated is especially interesting in this respect, as arbitration awards represent the final textual outcome of arbitration proceedings. The various chapters of the book, based on the analysis of different international corpora of arbitration awards in various languages (English, French, Italian, Spanish and Chinese), attack the same theme, investigating different aspects of the discursive construction of awards, with a view to identifying any elements of interdiscursivity that may provide evidence for or against the main hypothesis. The discussion of these issues also has theoretical relevance, as it provides interesting insights into the mechanisms that preside over the contamination and hybridization among genres in professional practice.


Book Synopsis Arbitration Awards by : Vijay Kumar Bhatia

Download or read book Arbitration Awards written by Vijay Kumar Bhatia and published by Cambridge Scholars Publishing. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on arbitration awards as a discursive genre and draws on the results of research on the discourses of international commercial arbitration conducted within the framework of an international project (â oeInternational Commercial Arbitration Practices: A Discourse Analytical Studyâ ) setting out to explore the hypothesis that, as suggested in recent times by various scholars, arbitration practice, procedures and discourses are being increasingly contaminated by litigation, thus compromising the integrity of arbitration principles. The genre investigated is especially interesting in this respect, as arbitration awards represent the final textual outcome of arbitration proceedings. The various chapters of the book, based on the analysis of different international corpora of arbitration awards in various languages (English, French, Italian, Spanish and Chinese), attack the same theme, investigating different aspects of the discursive construction of awards, with a view to identifying any elements of interdiscursivity that may provide evidence for or against the main hypothesis. The discussion of these issues also has theoretical relevance, as it provides interesting insights into the mechanisms that preside over the contamination and hybridization among genres in professional practice.