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International Arbitration Discourse and Practices in Asia

International Arbitration Discourse and Practices in Asia

Author: Vijay Bhatia; Maurizio Gotti; Azirah Hashim; Philip Koh; Datuk Sundra Rajoo
Publisher: Routledge
ISBN: 9781138282216
Published In: August 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis.

The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors.

The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.

I: ASIAN PERSPECTIVES ON ARBITRATION

Chapter 1: International Commercial Arbitration in Asia: Discursive and Professional Perspectives

Vijay K. Bhatia

Chapter 2: Setting aside or non-enforcement of arbitral awards in international arbitration on the public policy ground – a regional perspective

John K. Arthur

Chapter 3: Will the ‘Haves’ Come Out Ahead of the ‘Have-nots’ in International Arbitration?: The Structural Dynamics of Justice in Chinese-African Commercial Arbitration Disputes

Janet Ainsworth

II: DISCURSIVE PRACTICES IN ARBITRATION

Chapter 4: The combination of arbitration with conciliation/mediation in the legislation of the People’s Republic of China

Maurizio Gotti, Piera Pellegrinelli and Elena Signorini

Chapter 5: Arbitration Practice in India: A Discursive Perspective

Patrizia Anesa

Chapter 6: A Contrastive Corpus-based Analysis of Italian and Singaporean Arbitration Practice Narratives

Ulisse Belotti

Chapter 7: Arbitration Discourse in Vietnam: challenges and opportunities

Patrizia Anesa and Net Le

Chapter 8: Perceptual, cultural and linguistic challenges facing Japan as a site of international arbitration

Richard Powell