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International Arbitration Discourse and Practices in Asia

International Arbitration Discourse and Practices in Asia

  • 作者:
  • 出版商: Routledge
  • ISBN: 9781138282216
  • 出版时间 August 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
HKD 1,687.50
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  • 描述 
  • 大纲 
  • 详细

    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

    III: PROFESSIONAL PRACTICES IN ARBITRATION
    Chapter 9: Internationalisation through Institutional Arbitration: The Malaysian Success Story
    Sundra Rajoo
    Chapter 10: Arresting the crisis of confidence in arbitration – a Malaysian perspective
    Lam Wai Loon
    Chapter 11: Critical Evaluation of Arbitration in India
    Rizul Jai
    Chapter 12: Arbitration Rules in Hong Kong
    Mariacarla Giorgetti
    Chapter 13: The Difficulties with Law and Language of Arbitration in India: a challenge for domestic environmental arbitration?
    Charu Sharma
    Chapter 14: Production and discovery of documents in arbitration in India – a comparative analysis
    Ashok Kumar Singh

    IV: TOWARDS AN ASIAN ARBITRATION MODEL
    Chapter 15: Legalization of International Arbitration in Asia: Paving the Way for Cultural Homogenization?
    Shahrizal M Zin
    Chapter 16: Emerging Trends in the Dispute Settlement Mechanism in the FTAs of China, South Korea and Japan
    Rajesh Sharma

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