Legal Interpretation in International Commercial Arbitration: 1st Edition (Hardback) book cover

Legal Interpretation in International Commercial Arbitration

1st Edition

By Joanna Jemielniak

Routledge

278 pages

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Hardback: 9781409447191
pub: 2014-01-28
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Description

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.

Reviews

’It is impossible to fully understand the nature of legal interpretation in arbitration without taking into account the context in which arbitrators operate, including their legal training, and the panoply of legal traditions they are faced with. This book successfully incorporates these elements into analysis, which makes it a truly valuable contribution to the discussion about the subject.’ Marek Safjan, Judge at the Court of Justice of the European Union, and the former President of the Constitutional Tribunal of the Republic of Poland ’This book combines academic thinking and practical insight. This combination is particularly powerful in the section on the comparative method where the book provides guidance for different ways to use comparative analysis which has become part of the advocacy tool kit� in international commercial arbitration. The role of comparative analysis is explained for different theoretical representations of international commercial arbitration (as an emanation of national, pluralistic or autonomous legal order). I recommend this book to legal scholars as well as practising lawyers.’ Anton K. Schnyder, University of Zurich, Switzerland

About the Author

Joanna Jemielniak, Ph.D., is an associate professor at the Faculty of Law, University of Copenhagen. She graduated from University of Warsaw and Harvard Law School. She was a Fulbright Fellow at Harvard University in 2004/05 and subsequently held visiting appointments at UNIDROIT (2006), Harvard Law School (2007), and the University of California, Berkeley School of Law (2008). She has also lectured at Kozminski University. She is a member of the Editorial Board of the International Journal for the Semiotics of Law and an International Collaborator to International Commercial Arbitration Practices: A Discourse Analytical Study. She specializes in international business law and arbitration, as well as in theory of legal interpretation.

About the Series

Law, Language and Communication

Law, Language and Communication

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.

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Subject Categories

BISAC Subject Codes/Headings:
LAW014000
LAW / Commercial / General
LAW075000
LAW / Public