224 pages | 2 B/W Illus.
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.
'Globalisation means that corporations are increasingly turning to arbitration to settle disputes. This book offers important insights into current arbitral practices across a range of major Asian contexts. Its fascinating account of convergent trends in a swiftly changing landscape is essential reading for everyone involved in Asian business law.'
Ruth Breeze, University of Navarra, Spain
PART I: ASIAN PERSPECTIVES ON ARBITRATION
1: International Commercial Arbitration in Asia: Discursive and Professional Perspectives, Vijay K. Bhatia; 2. Setting aside or non-enforcement of arbitral awards in international arbitration on the public policy ground – a regional perspective, John K. Arthur; 3. Will the ‘Haves’ Come Out Ahead of the ‘Have-nots’ in International Arbitration?: The Structural Dynamics of Justice in Chinese-African Commercial Arbitration Disputes, Janet Ainsworth;
PART II: DISCURSIVE PRACTICES IN ARBITRATION
4. The combination of arbitration with conciliation/mediation in the legislation of the People’s Republic of China, Maurizio Gotti, Piera Pellegrinelli and Elena Signorini; 5. Arbitration Practice in India: A Discursive Perspective, Patrizia Anesa; 6. A Contrastive Corpus-based Analysis of Italian and Singaporean Arbitration Practice Narratives, Ulisse Belotti; 7. Arbitration Discourse in Vietnam: challenges and opportunities, Patrizia Anesa and Net Le; 8. Perceptual, cultural and linguistic challenges facing Japan as a site of international arbitration, Richard Powell;
III: PROFESSIONAL PRACTICES IN ARBITRATION
9. Internationalisation through Institutional Arbitration: The Malaysian Success Story, Sundra Rajoo; 10. Arresting the crisis of confidence in arbitration – a Malaysian perspective, Lam Wai Loon; 11. Critical Evaluation of Arbitration in India, Rizul Jai; 12. Arbitration Rules in Hong Kong, Mariacarla Giorgetti; 13. The Difficulties with Law and Language of Arbitration in India: a challenge for domestic environmental arbitration? Charu Sharma; 14: Production and discovery of documents in arbitration in India – a comparative analysis, Ashok Kumar Singh
IV: TOWARDS AN ASIAN ARBITRATION MODEL
15: Legalization of International Arbitration in Asia: Paving the Way for Cultural Homogenization? Shahrizal M Zin, 16. Emerging Trends in the Dispute Settlement Mechanism in the FTAs of China, South Korea and Japan, Rajesh Sharma;
This series encourages innovative and integrated perspectives within and across the boundaries of law, language and communication, with particular emphasis on issues of communication in specialized socio-legal and professional contexts. It seeks to bring together a range of diverse yet cumulative research traditions related to these fields in order to identify and encourage interdisciplinary research. The series welcomes proposals - both edited collections as well as single authored monographs - emphasizing critical approaches to law, language and communication, identifying and discussing issues, proposing solutions to problems, offering analyses in areas such as legal construction, interpretation, translation and de-codification.
Anne Wagner is Professor of Legal Semiotics and Research Professor at Centre de Recherche Droits & Perspectives du Droit, équipe René Demogue, Lille University, France. She is the Editor-in-Chief of the International Journal for the Semiotics of Law (Springer) and President of the International Roundtables for the Semiotics of Law. She has been awarded the National Research Grant for her research career. Her main research interests include semiotics, verbal and non-verbal sign system analyses, language and law, legal culture and heritage, legal translation, legal terminology, and legal discourse studies.
Vijay K. Bhatia, formerly Professor of English, City University of Hong Kong, is now Adjunct Professor at Chinese University of Hong Kong, and Visiting Professor at the Hellenic American University, Athens (Greece). He is also the founding President of the Languages for Specific Purposes and Professional Communication Association for Asia-Pacific. His research interests include Critical Genre Analysis, academic and professional discourses in legal, business, newspaper, and promotional contexts; ESP and Professional Communication; simplification of legal and other public documents; intercultural and cross-disciplinary variations in professional genres.