V. K. Bhatia Livres

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.

The book is an edited volume of carefully selected articles by eminent scholars focusing on the specialist knowledge transmission through genre variation, particularly on the issues of standardization and hybridity. The main focus was to analyse discursive popularization in the contexts and domains of natural sciences, law, and commerce, viewed in a diachronic perspective. The scholars involved have concentrated their studies on the creative transformation, hybridization, and even bending of genres used to popularise scientific, legal and commercial discourse for different communicative purposes and audiences, thus extending the conventional genre boundaries to disseminate specialized knowledge. The proliferation of specialized knowledge has indeed created a growing need to convey expert knowledge to a variety of addressees, with different levels of shared understanding and expertise. Such disciplinary knowledge can only be conveyed through various subtle manipulations of generic conventions keeping in mind the aims, the users, the media, the social contexts, and the domain with which specific knowledge is associated.

This volume presents some of the findings from a project on various aspects of Alternative Dispute Resolution (ADR), including conciliation, mediation, and arbitration. To study the discursive practices of ADR today, an international initiative has been undertaken by a group of specialists in discourse analysis, law, and arbitration from more than twenty countries. The chapters in this volume draw on discourse-based data (narrative, documentary and interactional) to investigate the extent to which the ‘integrity’ of ADR principles is maintained in practice, and to what extent there is an increasing level of influence from litigative processes and procedures. The primary evidence for such practices comes from textual and discourse-based studies, ethnographic observations, and narratives of experience on the part of experts in the field, as well as on the part of some of the major corporate stakeholders drawn from commercial sectors.

The volume presents a set of invited papers based on analyses of legal discourse drawn from a number of international contexts where often the English language and legal culture has had to adjust to legal concepts very different from those of the English law system. Many of the papers were inspired by two major projects on legal language and inter-multiculturality: Generic Integrity in Legislative Discourse in Multilingual and Multicultural Contexts based in Hong Kong and carried out by an international team and Interculturality in Domain-specific English, a national project supported by the Italian Ministry for Education and Research, involving research units from five Italian universities.

This volume presents the results of an international research project focussing on the lexico-grammatical, generic and textual analysis of legal discourse in multilingual and multicultural contexts. The particular focus of the investigation is the arbitration discourse in use in several European countries. This volume deals with the international arbitration discourse of legal documents in use in the Czech Republic, Denmark, England, Finland, France, Germany, Italy, Spain, Scotland and Sweden. For each of the countries involved, a comparison has been carried out between the local arbitration law and the UNCITRAL Model Law approved by the United Nations in 1985. The English language text of this Model Law has then been compared with the local language text of the arbitration law of each country and any discrepancies have been investigated in order to identify possible differences in the legal cultures underlying the two texts.