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Arbitration Discourse in Asia

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Edited By Vijay K. Bhatia and Maurizio Gotti

Arbitration is the most widely used alternative method to resolve commercial disputes between parties. Since arbitration in international contexts is equally applicable to legal traditions across the world, there has been incessant effort on the part of all jurisdictions to harmonize principles and practices to establish a unified system of arbitration. As differences are difficult to reconcile, there has been quite a bit of interest and effort invested in the study of some of the key issues and challenges in the field.
This volume reports on one such initiative undertaken by an interdisciplinary project, whose main objective is to investigate the norms and arbitral practices in some important Asian countries from the point of view of discursive practices prevalent in these jurisdictions.
The project focuses on the documents used in arbitration in the main Asian countries and compares them with those employed in other continents. The investigated texts include not only norms and awards, but also interviews with professionals in the field so as to gain direct insights into the linguistic and textual choices employed in the drafting of these documents.

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Contents

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Vijay K. Bhatia / Maurizio Gotti Introduction ...........................................................................................7 Focus on normative texts Maurizio Gotti A Linguistic Insight into China’s Arbitration Law ..............................19 Girolamo Tessuto Legislating on Arbitration in Singapore: Linguistic Insights ...............................................................................41 Patrizia Anesa / Francesca Locatelli Arbitration in Japan: Insights into the Arbitration Law and the JCAA Rules ......................81 Maurizio Gotti / Piera Pellegrinelli / Elena Signorini Norms Concerning the Appointment and Challenge of Arbitrators in the Legislation of the People’s Republic of China......103 Focus on discursive practices Tarja Salmi-Tolonen How Do East and West Meet in Arbitration Discourse? ...................131 6 Contents Joanna Jemielniak Exploring Med-Arb and Arb-Med Discourse in China: Challenges and Prospects ..................................................155 Ulisse Belotti / Mariacarla Giorgetti Critical Aspects of Arbitration Practices: Narratives from Singapore ................................................................183 Focus on arbitration awards Giuliana Garzone Arbitration Awards in the East and the West: A Comparative Analysis with a Focus on Domain Name Dispute Resolution ..........227 Michele Sala Deonticity and Authoritativeness in Hong Kong International Arbitration Awards .......................................................255 Stefania M. Maci ‘It is amply clear that there is no convincing evidence to infer that’: Evidentiality in Indian Arbitral Awards ..........................275 Patrizia Anesa Discursive Peculiarities of Indian Arbitral Awards ...........................305 Notes on Contributors .......................................................................327

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