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The Discourses of Dispute Resolution

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Edited By Vijay K. Bhatia, Christopher N. Candlin and Maurizio Gotti

This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the ‘integrity’ of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.

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ALESSANDRA FAZIO Variation in the Juridical Language of Sports Arbitration 271

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ALESSANDRA FAZIO* Variation in the Juridical Language of Sports Arbitration 1. Introduction The aim of this study is to verify whether the use of English as a lingua franca (vehicular language) in sports arbitration is different from the formal use of the specific legal terminology which, it is assumed, has already been standardized and harmonised. Italian sports arbitrators who are obliged to use English in an international setting were observed in a preliminary study. Reiterated language patterns were noticed which differed from those used by their mother-language counterparts (see for example the role of ‘conciliation’ procedure). Taking the language used by Italian sports arbitrators in international settings as a starting point, similar language patterns will be sought and analysed with particular emphasis on socio-cultural factors. The hypothesis is that a specific linguistic code (even an informal one) may be outlined which can affect formal patterns already in use. This analysis will be carried out not only on complex strings and terms but also on additional linguistic occurrences, in an attempt to trace under- lying connections or conflicts that may influence their use. * The research on which this chapter is based is part of an international research project entitled International Commercial Arbitration Practices: A Discourse Analytical Study (http://www.english.cityu.edu.hk/arbitration/), headed by prof. Vijay Bhatia of the City University of Hong Kong. It also contributes to the National Research Programme Tension and Change in Domain-specific Genres directed by prof. Maurizio Gotti of the University of Bergamo, funded by the Italian Ministry of...

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