Discourse And Practice In International Commercial Arbitration
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| Author | : Christopher N. Candlin |
| Publisher | : Routledge |
| Total Pages | : 339 |
| Release | : 2016-05-23 |
| Genre | : Law |
| ISBN | : 1317149955 |
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.
| Author | : Dr Joanna Jemielniak |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 279 |
| Release | : 2014-02-12 |
| Genre | : Law |
| ISBN | : 1409447197 |
This book fills a gap in legal academic study and practice in International Commercial Arbitration 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. The book also includes comparative examinations of existing legal framework and case law which reflect the international nature of the subject.
| Author | : Vijay K. Bhatia |
| Publisher | : Hong Kong University Press |
| Total Pages | : 355 |
| Release | : 2008-01-01 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 9622098517 |
What exactly is legal about legal language? What happens to legal language when it is used across linguistic, national, socio-political, cultural, and legal systems? In what way is generic integrity of legal documents maintained in multilingual and multicultural legal contexts? What happens when the same rule of law is applied across legal systems? By bringing together scholars and practitioners from more than ten countries, representing various jurisdictions, languages, and socio-political backgrounds, this book addresses these key issues arising from the differences in legal or sociocultural systems. The discussions are based not only on the analysis of the legal texts alone, but also on the factors shaping such constructions and interpretations. Given the increasing international need for accurate and authoritative translation and use of legal documents, this important volume has considerable contemporary relevance in a globalized economy. It will appeal to discourse analysts, commercial consultants, legal trainers, translators, and applied researchers in professional communication, especially in the field of legal writing and languages for specific purposes.
| Author | : Yves Dezalay |
| Publisher | : University of Chicago Press |
| Total Pages | : 364 |
| Release | : 1996 |
| Genre | : Business & Economics |
| ISBN | : 9780226144238 |
With examples from England, the United States, Sweden, Egypt, Hong Kong, and many other countries, Dezalay and Garth explore how international developments in turn transform domestic methods for handling disputes. Finally, they analyze the changing prospects for international business dispute resolution given the growing presence of international market and regulatory institutions such as the EEC, NAFTA, and the World Trade Organization.
| Author | : James M. Gaitis |
| Publisher | : Juris Publishing, Inc. |
| Total Pages | : 0 |
| Release | : 2010 |
| Genre | : Arbitration agreements, Commercial |
| ISBN | : 9781933833682 |
| Author | : Joanna Jemielniak |
| Publisher | : Routledge |
| Total Pages | : 288 |
| Release | : 2016-04-22 |
| Genre | : Law |
| ISBN | : 1317106202 |
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.
| Author | : Vijay K. Bhatia |
| Publisher | : Routledge |
| Total Pages | : 297 |
| Release | : 2017-07-28 |
| Genre | : Law |
| ISBN | : 1351860127 |
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.
| Author | : Khan, Basheer Ahmed Mohammed |
| Publisher | : IGI Global |
| Total Pages | : 298 |
| Release | : 2023-10-26 |
| Genre | : Law |
| ISBN | : 1668440423 |
The resolution of international commercial disputes poses a considerable challenge. Traditional litigation often results in costly and adversarial proceedings, resulting in damaging not only the financial resources of the parties involved but also causing potential conflicts for vital business collaborations. The need for a more efficient, cost-effective, and amicable alternative to resolve these disputes has never been more pressing, especially for academic scholars and legal practitioners seeking a comprehensive understanding of this complex field. Policies, Practices, and Protocols for International Commercial Arbitration emerges as the definitive solution, and offers a profound overview of international commercial arbitration, enabling scholars and legal enthusiasts to grasp its intricate details. By delving into topics like the significance of Alternative Dispute Resolution (ADR), the nature of arbitration, and the various aspects of international arbitration laws, the book equips readers with the knowledge needed to navigate the evolving landscape of dispute resolution. The book covers the entire spectrum of international commercial arbitration. It offers a roadmap for scholars and practitioners to understand the importance of ADR, unravel the complexities of arbitration agreements, and explore the nuances of enforcing arbitral awards.
| Author | : Cornelia Ilie |
| Publisher | : John Wiley & Sons |
| Total Pages | : 1676 |
| Release | : 2015-06-08 |
| Genre | : Social Science |
| ISBN | : 1118611101 |
The International Encyclopedia of Language and Social Interaction is an invaluable reference work featuring contributions from leading global scholars, available both online and as a three-volume print set. The definitive international reference work on a topic of major and increasing importance, in a new series of sub-disciplinary international encyclopedias Provides state-of-the-art research for scholars in a highly interactive and accessible format, available both online and as a three-volume print set Covers key research topics in the field with contributions from a team of experienced, global editors Successfully brings into a single source, explication of all of the fascinating and ground-breaking Language and Social Interaction work developing globally and across subjects Part of The Wiley Blackwell-ICA International Encyclopedias of Communication series, published in conjunction with the International Communication Association. Online version available at www.wileyicaencyclopedia.com
| Author | : Nathalie Najjar |
| Publisher | : BRILL |
| Total Pages | : 1340 |
| Release | : 2017-10-23 |
| Genre | : Law |
| ISBN | : 9004357483 |
Arbitration and International Trade in the Arab Countries by Nathalie Najjar is masterful compendium of arbitration law in the Arab countries. A true study of comparative law in the purest sense of the term, the work puts into perspective the solutions retained in the various laws concerned and highlights both their convergences and divergences. Focusing on the laws of sixteen States, the author examines international trade arbitration in the MENA region and assesses the value of these solutions in a way that seeks to guide a practice which remains extraordinarily heterogeneous. The book provides an analysis of a large number of legal sources, court decisions as well as a presentation of the attitude of the courts towards arbitration in the States studied. Traditional and modern sources of international arbitration are examined through the prism of the two requirements of international trade, freedom and safety, the same prism through which the whole law of arbitration is studied. The book thus constitutes an indispensable guide to any arbitration specialist called to work with the Arab countries, both as a practitioner and as a theoretician.
