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Dealing with Bribery and Corruption in International Commercial Arbitration
International Arbitration Law Library, Volume 65 International commercial arbitration is by no means free from bribery and corruption. Although a plethora of legal scholarship clearly affirms this contention, a thorough study on the particularly important question of the authority and duty of international commercial arbitrators to investigate a suspicion or indication of bribery or corruption sua sponte ¬– that is, on their own initiative – has been surprisingly lacking. This important book fills this gap, inter alia, by locating sua sponte authority in the position of arbitral tribunals in establishing the facts of a case and ascertaining and applying the applicable normative standard...
Critical Genre Analysis
Genre theory has focused primarily on the analysis of generic constructs, with increasing attention to and emphasis on the contexts in which such genres are produced, interpreted, and used to achieve objectives, often giving the impression as if producing genres is an end in itself, rather than a means to an end. The result of this focus is that there has been very little attention paid to the ultimate outcomes of these genre-based discursive activities, which are more appropriately viewed as academic, institutional, organizational, and professional actions and practices, which are invariably non-discursive, though often achieved through discursive means. It was this objective in mind that t...
The Art of Advocacy in International Arbitration
Written by today’s leading arbitrators and counsel, this remarkably candid guide provides insight into the practitioner’s approach, conduct, style, and techniques that have proven most effective. While the facts and the law are fundamental, a successful outcome is the product of painstaking document review, witness interviews, legal research, strategizing and focusing the case, and developing compelling written and oral presentations. How to properly perform these tasks is the subject of this book. And where the first edition focused mainly on the cultural differences in advocacy performed in various regions of the world, this new edition expands on this theme by addressing each functional aspect of an international arbitration and the techniques that have been developed for good written and oral advocacy. Intended to assist both the novice in learning the techniques of advocacy, and the experienced advocate in improving his skills, this is an essential reference.
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.
International Arbitration and Global Governance
Most literature on international arbitration is practice-oriented, technical, and promotional. It is by arbitrators and largely for arbitrators and their clients. Outside analyses by non-participants are still very rare. This book boldly steps away from this tradition of scholarship to reflect analytically on international arbitration as a form of global governance. It thus contributes to a rapidly growing literature that describes the profound economic, legal, and political transformation in which key governance functions are increasingly exercised by a new constellation that include actors other than national public authorities. The book brings together leading scholars from law and the so...
Specialised Languages in the Global Village
The status of LSP (Languages for Specialised Purposes) in the contemporary socio-cultural context is an ongoing central issue of scholarly debate. Specialised Languages in the Global Village examines the impact of globalisation on intercultural communication within specialised communities of practice. The contributions to the volume provide linguistically and pedagogically-informed discussion on modes of communication practice in professional and institutional domains, frames of social action and the construction of professional identities. The contributors also address issues of languages and social entrepreneurship, and the acquisition and development of linguistic/cultural competence in f...
The Forces of Economic Globalization
Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the ...
Frameworks for Discursive Actions and Practices of the Law
This volume provides descriptive and interpretive insights into the ‘living’ usage of language and other semiotic modes in building and performing the law across academic, professional and institutional contexts, where issues arise from the meaning and function of legal texts, discourse and genre in constituting and enabling conventions, albeit dynamically, and account for the socially and (inter)culturally influenced forms of discursive actions and practices. The twenty contributions included here weave significant contexts and situations for legal discourse and practice into a tight thread, and justify selected topic areas through a variety of approaches, frameworks, methodologies, and procedures. As such, this publication is multidimensional and multiperspectival in its design and implementation of key issues confronting discursive actions and practices of the law, and provides an invaluable resource for academics in a wider range of disciplines, including linguistics, applied linguistics and communication studies. It will also be of interest to students of interdisciplinary discourse analysis.
International Arbitration and International Commercial Law
Over the last half-century, as UNCITRAL official, professor, arbitrator and father of the Willem C. Vis Arbitration Moot, Eric Bergsten has been at the forefront of progress in international commercial arbitration. Now, on the occasion of his eightieth birthday, the international arbitration and sales law community has gathered to honour him with this substantial collection of new essays on the many facets of the field to which he continues to bring his intellect, integrity, inquisitive nature, eye for detail, precision, and commitment to public service. Celebrating the long-standing and sustained contribution Eric Bergsten has made in international commercial law, international arbitration,...
Legal Discourse across Cultures and Systems
What exactly is legal about legal language? What happens to legal language when it is used across linguistic, national, socio-political, cultural, and legal systems? In what way is generic integrity of legal documents maintained in multilingual and multicultural legal contexts? What happens when the same rule of law is applied across legal systems? By bringing together scholars and practitioners from more than ten countries, representing various jurisdictions, languages, and socio-political backgrounds, this book addresses these key issues arising from the differences in legal or sociocultural systems. The discussions are based not only on the analysis of the legal texts alone, but also on the factors shaping such constructions and interpretations. Given the increasing international need for accurate and authoritative translation and use of legal documents, this important volume has considerable contemporary relevance in a globalized economy. It will appeal to discourse analysts, commercial consultants, legal trainers, translators, and applied researchers in professional communication, especially in the field of legal writing and languages for specific purposes.
