Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects

Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects

Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects

Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects

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Overview

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.



Product Details

ISBN-13: 9781409497929
Publisher: Ashgate Publishing Ltd
Publication date: 02/28/2013
Series: Law, Language and Communication
Sold by: Barnes & Noble
Format: eBook
File size: 5 MB

About the Author

Vijay K. Bhatia is a Visiting Professor in the Department of English. Before joining the City University of Hong Kong in 1993, he worked at the National University of Singapore (1983]1993). He is also the founding President of the Association of LSP and Professional Communication for the Asia-Pacific Region. Some of his recent research projects include Analyzing Genre-bending in Corporate Disclosure Documents, and International Arbitration Practice: A Discourse Analytical Study, in which he leads research teams from more than 20 countries. His research interests include genre analysis of academic and professional discourses, including, legal, business, newspaper, advertising genres, ESP and Professional Communication. He has given more than 150 presentations in international conferences, including about 50 plenary and keynote papers in the last ten years.

Christopher N Candlin is Senior Research Professor in the Department of Linguistics at Macquarie University, Sydney. He was the Foundation Executive Director of the Australian Government's National Centre for English Language Teaching & Research from 1987-1998, and established the Research Centre in Language in Social Life, also at Macquarie. He has held Professorships at Lancaster, UK, The City University of Hong Kong, the UK Open University, and The Hong Kong Polytechnic University, and holds Honorary Professorships at the Universities of Lancaster, Nottingham and Cardiff in the UK, and at Beijing Foreign Studies University. His current research is in the field of professional and organizational communication, particularly in healthcare and law. He has over 150 publications in terms of books, book chapters, papers in international academic journals in his fields of interest and commissioned reports, and has successfully supervised over 65 doctorate students. He is, or has been, a member of the Editorial Boards of several international journals, including Applied Linguistics, TEXT & TALK, Journal of Sociolinguistics, Language Awareness, Journal of English for Specific Purposes and Communication in Medicine, and co-edits (with Srikant Sarangi) the Journal of Applied Linguistics (Equinox) which will be relaunched as the Journal of Applied Linguistics and Professional Practice in 2010.

Maurizio Gotti has been Professor of English Language and Translation since 1996. He is Director of the Language Centre at the University of Bergamo. He is Deputy Dean of the Faculty of Foreign Languages and Literatures and Head of the MA degree course in Foreign Languages for International Communication. He is also the founder and Director of CERLIS, the research centre on specialized languages based at the University of Bergamo. He has been President of the Italian Association of University Language Centres (1997-2000; 2004-2007), of the Italian Association of English Studies (1999-2001) and of the European Confederation of University Language Centres (2000-2004). His main research areas are the features and origins of specialized discourse, both in a synchronic and diachronic perspective. He is also interested in English syntax and English lexicology and lexicography, with particular regard to specialized terminology and canting. He is a member of the Editorial Board of national and international journals, and edits the Linguistic Insights series for Peter Lang.

Vijay K. Bhatia, Christopher N. Candlin, Maurizio Gotti, Luke Nottage, Celina Frade, Fabio E. Ziccardi, Rajesh Sharma, Patrizia Anesa, Ruth Breeze, Christoph A. Hafner, Paola Catenaccio, Giuliana Garzone, Chiara Degano, Larissa D'Angelo, Stefania Maria Maci, Ulisse Belotti, Sujata Kathpalia, Isabel Corona.


Table of Contents

Contents: Preface; Part I Issues and Challenges: International commercial arbitration practice: a discourse-based perspective, Vijay K. Bhatia, Christopher N. Candlin and Maurizio Gotti. Part II Analyses and Evidence: Addressing international arbitration's ambivalence: hard lessons from Australia, Luke Nottage; Systems of genres in international commercial arbitration, Celina Frade; Evidence, oral testimony and cross interrogatory in international arbitration, Fabio E. Ziccardi; Enforcement of arbitral awards in Hong Kong: legal and political challenges, Rajesh Sharma; Language and power in arbitration proceedings: insights into theory and practice, Patrizia Anesa; Appraisal analysis of dissenting and concurring opinions, Ruth Breeze; The judicialization of arbitration discourse in the Italian context, Maurizio Gotti; Arbitration awards as accounts, Vijay K. Bhatia, Christopher N. Candlin and Christoph A. Hafner; Cultural variation in arbitration journals: the International Court of Arbitration Bulletin and Arbitration International compared, Paola Catenaccio; Voices in arbitration awards: polyphony and language reports, Giuliana Garzone and Chiara Degano; A comparison between American and Italian online dispute resolution systems, Larissa D'Angelo; Arbitration in action: the display of arbitrators' neutrality in witness hearings, Stefania Maria Maci; Arbitration in Italy: a two-headed Janus?, Ulisse Belotti; Is arbitration being colonized by litigation? – practitioners' views in the Singapore context, Sujata Kathpalia; Confidentiality v. publicity: the impact of international arbitration in the media, Isabel Corona. Part III Prospects and Conclusions: Contested identities in international arbitration practice, Vijay K. Bhatia, Christopher N. Candlin and Maurizio Gotti; Index.


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