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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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Focus on discursive practices

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Tarja Salmi-Tolonen How Do East and West Meet in Arbitration Discourse? This chapter seeks to map out attributes of cultural similarities and dif- ferences concerning dispute resolution mechanisms and practices in the Western countries and Asian countries. It is a well-known fact that there has been a rush of Western companies to Asia over the past decades, whose aim is to profit from its economic growth. By analyzing sur- veys and dispute indexes, cases, and media coverage I try to discover both pragmatic and linguistic markers of similar or diverse attitudes towards the demands of global trading relationships both in partnership and conflict. The purpose of this chapter is also to try and find a metho- do logy for a more detailed discursive and textual comparative study of arbitration approaches in the Western world and in Asia. 1. Introduction Almost every facet of reality in matters of business, law and language hinges on contextual factors. This relationship is undoubtedly complex and involves an incessant interaction between context and law, business and language, which, for their part, have an impact on the context. This chapter looks at some issues that foreign firms face hoping to do busi- ness in Asia, in particular the cultural and legal differences that may cause problems. The purpose is first of all to try and find focal points that can be meaningful concerning attitudes and approaches to problem solving and hence also international commercial arbitration. In recent years many companies have entered into joint ventures with...

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