GIROLAMO TESSUTO US Commercial Arbitration Rules and Mediation Procedures : Linguistic and Discoursal Features of a Genre in Action 231
GIROLAMO TESSUTO US Commercial Arbitration Rules and Mediation Procedures: Linguistic and Discoursal Features of a Genre in Action 1. Introduction It is widely recognised that mediation and arbitration, as non-judicial processes, are the traditional methods of dispute settlement of controversies arising between individuals, businesses and countries. In the United States, commercial mediation and arbitration are often used to assist in the resolution of disputes, arising, for example, in the construction, labour and shareholder industry, and may operate volun- tarily on an ad hoc or institutional basis or by governmental institution or organisation. Although, in the past, the US government intervened in the resolution of commercial arbitration by statute (Interstate Commerce Act 1887; Federal Arbitration Act 1925), today’s practice is for self- regulatory institutions and organisations to intervene in the parties’ decision to mediate or arbitrate in a variety of disputes. This is the case of US reputable organisations, such as the National Arbitration Forum (commercial and civil disputes), FINRA (security industry) and the American Arbitration Association (AAA), providing indepen- dent arbitration and mediation services. While such institutions play an important role in US law, their operation of arbitration and media- tion processes and procedures is certainly prompted by the major com- mercial developments in the world economy. The present analysis investigates Commercial Arbitration Rules and Mediation Procedures (CARMP), as coded by the AAA, which operates under minimised statutory intervention. As a professional Girolamo Tessuto 232 genre resulting from the increasing bureaucratisation of written disci- plinary discourse practices on the web,...
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