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Legal Interpretation in International Commercial Arbitration
This book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis in ICA. A section is devoted to institutional and structural determinants of legal discourse in ICA in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making in ICA. The comparative examinations of existing legal framework and case law reflect the international nature of the subject and the book will be of value to both academic and professional readers.
The Discourses of Dispute Resolution
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.
Language as Evidence
This edited book provides a comprehensive survey of the modern state of the art in forensic linguistics. Part I of the book focuses on the role of the linguist as an expert witness in common law and civil law jurisdictions, the relation of expert witnesses and lawyers, ethics standards, and courtroom interaction. Part II deals with some of the major areas of expertise of forensic linguistics as the scientific study of language as evidence, namely authorship identification, speaker identification, text authentication, deception and lie detection, plagiarism detection, and cyber language crimes. This book is intended to be used as a reference for academics, students and practitioners of Linguistics, Forensic Linguistics, Law, Criminology, and Forensic Psychology, among other disciplines.
Discourse and Practice in International Commercial Arbitration
It is increasingly held that international commercial arbitration is becoming colonized by litigation. This book addresses, in a range of ways and from various locations and sites, those aspects of arbitration practice that are considered crucial for its integrity as an institution and its independence as a professional practice. The chapters offer multiple perspectives on the major issues in play, highlighting challenges facing the institution of arbitration, and identifying opportunities available for its development as an institution. The evidence of arbitration practice presented is set against the background of practitioner perceptions and experience from more than 20 countries. The volume will serve as a useful resource for all scholars and practitioners interested in the institution of arbitration and its professional practices.
Lexical Innovation in World Englishes
Winner of the 2020 ESSE Book Award in English Language and Linguistics Lexical Innovation in World Englishes contributes to the investigation of World Englishes by offering insights into the lexical developments of selected English varieties and their cross-fertilization potential. Taking a theoretical and empirical approach and focusing on neological formations, this book: discusses and problematizes different categorizations of English varieties and processes of word formation, considering the expansion of English across the world; draws on authentic examples taken from language corpora to gain a finer understanding of the varieties’ transformations and of their reciprocal influences fro...
Discourse Processes between Reason and Emotion
This book addresses different forms of discourse by analysing the emergence of power dynamics in communication and their importance in shaping the production and reception of messages. The chapters focus on specific cognitive aspects, such as the verbal expression of reasoning or emotions, as well as on linguistic and discursive processes. The interaction between reasoning, feelings, and emotions is described in relation to several fields of discourse where power dynamics may emerge and includes, among others, political, media, and academic discourse. This volume aims to include representative instances of this heterogeneity and is deeply rooted, both theoretically and methodologically, in the acknowledgment that the investigation of the complex interaction between reason and emotion in discursive productions cannot be exempt from the adoption of a multi-disciplinary perspective. By providing a critical reflection of their methodological decisions, and describing the implications of their research projects, the contributors offer insights which are relevant for students, researchers, and practitioners operating in the broad field of discourse studies.
Perspectives on Knowledge Communication
This collection elaborates an innovative analytical framework for knowledge communication, bringing together insights from a range of professional settings to highlight how a cross-disciplinary approach can promote a new view of knowledge that emphasizes constructivist and cognitivist perspectives. The volume seeks to draw connections between different disciplines’ traditionally disparate studies of knowledge communication, defined here as the communication of domain knowledge between experts of the same discipline, experts of different disciplines, or non-experts with an interest in developing expert knowledge. Featuring work from scholars across linguistics, corporate communication, and ...
The Digital (R)Evolution of Legal Discourse
The primary goal of this book is to reach a better understanding of how the digital revolution has affected language and discourse practices in the field of law. It also explores the complex nature of the techniques and discursive strategies which emerge in the relationship between the different stakeholders (including non-experts) thanks to technological advances. By adopting a discourse analytical perspective which combines both qualitative and quantitative approaches, the book explores the hybridity of new genres and communicative processes. It provides an interdisciplinary platform for researchers, practitioners, and educators to present the most recent innovations, trends, and concerns,...
Jury Trials and the Popularization of Legal Language
This book explores the techniques and discursive strategies that are typical of the communicative interactions between professionals and laymen in a jury trial. It also investigates the complex relationship that emerges between written and oral communication in different phases of the trial. The analysis takes into account the many nuances that define these dynamics and the various possibilities that the jurors have to intervene in the process, particularly in the light of recent procedural developments. Special attention is devoted to the observation of the specific strategies adopted to illustrate legal ideas and concepts to the jurors according to the speakers' various communicative purposes. By adopting a discourse analytical perspective which combines both qualitative and quantitative approaches, the book highlights the hybridity of the language used in court and the combination of different styles and registers.
Ambiguity in EU Law
Ambiguity – an expression or utterance giving rise to at least two mutually exclusive interpretations – has been traditionally regarded as an ever-present, and therefore trivial, feature of EU law, alongside other forms of linguistic indeterminacy. At the same time, ambiguity has been condemned as a perilous defect in the legal text, since it is commonly assumed that the Court of Justice of the EU (CJEU) would necessarily exploit it to engage in judicial activism. In contrast, more recent theories present ambiguity as a means of promoting greater acceptability and coherence, while trusting the CJEU’s willingness to exert judicial restraint for the benefit of judicial co-operation. This...
