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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 arbitration awards

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Giuliana Garzone Arbitration Awards in the East and the West: A Comparative Analysis with a Focus on Domain Name Dispute Resolution 1. Aim, scope and method This chapter focuses on domain name arbitration awards, and com pares awards issued by two Asian institutions with those issued by two West- ern providers in order to verify whether these two categories differ to any extent in terms of structure or textual and discursive traits. A fur- ther aim is to identify any distinctive peculiar features in domain name awards issued by Asian arbitrators. In pursuing these objectives, one has to keep in mind that the differences between awards issued in the East and in the West may be minor, given that many of the top arbitrators operating in Asian dispute resolution centres were educated in Euro- pean universities and/or trained in Euro pean ADR institutions. The basic methodological framework of this study lies in dis- course analysis as well as in genre analysis (cf. e.g. Brown/Yule 1983; Swales 1990, 2004; Bhatia 1993, 2004; Schiffrin et al. 2001; Blom- maert 2005). It also draws on specific literature on alternative dispute resolution in general, and on arbitration awards in particular. Arbi tra- tion discourse has been studied extensively in many of its realizations (arbitration rules, arbitration laws, arbitration institutions’ website texts, online mediation texts, arbitration clauses, spoken texts, arbitra tion awards, etc.). Arbitration awards have mostly been the object of scat- tered studies focusing on specific traits, e.g. Degano (2010) on in di- cators...

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