CHIARA DEGANO Indicators of Argumentation in Arbitration Awards: A Diachronic Perspective 189
CHIARA DEGANO Indicators of Argumentation in Arbitration Awards: A Diachronic Perspective 1. Introduction International commercial arbitration is being increasingly criticized for losing its distinctive character, while resembling litigation more and more closely (Mustill 1997; Nariman 2000; Browner 2007). In particular, what is regretted is the loss of its original drive towards a swift and satisfactory solution for the parties, in line with the needs of the commercial community, in favour of a more legalistic approach. This in turn has been laid at the door of lawyers, who have, it is felt, appropriated the practice of arbitration, transferring their litigative skills and strategies from national courtrooms to the resolution of disputes in arbitral tribunals. From a linguistic point of view, this state of ‘instability’ in the practice of arbitration offers an opportunity to investigate genre varia- tion, on the assumption that changes at the level of practice are likely to produce changes in discourse. Assuming that arbitration and litiga- tion are characterized by different discursive features as a conse- quence of their different macro-functions, this chapter aims to provide some evidence as to whether arbitration awards present elements of hybridization as an effect of the influence of litigation. The scope of this study is restricted to argumentation, a discursive practice central to litigation, by virtue of the need to justify courts’ decisions in rela- tion to existing laws. In order to discover whether such elements of hybridization, can be traced in the text, the chapter analyses an elec- tronic corpus of...
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