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Arbitration Discourse in Asia

Series:

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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Maurizio Gotti A Linguistic Insight into China’s Arbitration Law 1. Introduction International business exchanges with China have increased enor- mously over the last few years and even the recent economic recession has not slowed down this growth, which has made China the biggest Asian market in terms of import-export trade (WTO Inter national Trade Statistics 2014). As a natural consequence, this increase in business deals and contracts has brought about a rise in the number of trade dis- putes. To resolve these disputes, the three most common ways are either litigation in court or Alternative Dispute Resolution (ADR) proceed- ings such as arbitration and conciliation (Berger 2006). Arbitration has become a very popular method of dispute resolu- tion for foreign companies in the People’s Republic of China (PRC) for many practical reasons, such as the relative ease of enforce ment, econ- omy of costs and time, privacy of proceedings and the finality of the award. Indeed, it is commonly assumed that it is easier to enforce arbitral awards than it is to enforce court judgments; moreover, the time period for litigation has generally been found to be longer; another advantage is that arbitration is generally considered to be a more private forum (Ali/ Huang 2012). A further reason for preferring arbitration may be the fact that proceedings brought before the ordinary PRC People’s Courts can be risky, as judges may be inclined to follow the instructions of PRC administrative bodies and therefore protect the interests of the local enterprises. Moreover,...

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