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Vol 23 No 5 May/June 2018

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Discourse and Practice in International Commercial Arbitration: Issues, Challenges and Prospects

Edited by: Vijay K. Bhatia, Christopher N. Candlin, Maurizio Gotti

ISBN13: 9781409432319
Published: February 2012
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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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.

Arbitration and Dispute Resolution
Part I Issues and Challenges: International commercial arbitration practice: a discourse-based perspective, Vijay K. Bhatia, Christopher N. Candlin and Maurizio Gotti.
Part II Analyses and Evidence: Addressing international arbitration's ambivalence: hard lessons from Australia, Luke Nottage
Systems of genres in international commercial arbitration, Celina Frade
Evidence, oral testimony and cross interrogatory in international arbitration, Fabio E. Ziccardi
Enforcement of arbitral awards in Hong Kong: legal and political challenges, Rajesh Sharma
Language and power in arbitration proceedings: insights into theory and practice, Patrizia Anesa
Appraisal analysis of dissenting and concurring opinions, Ruth Breeze
The judicialization of arbitration discourse in the Italian context, Maurizio Gotti
Arbitration awards as accounts, Vijay K. Bhatia, Christopher N. Candlin and Christoph A. Hafner
Cultural variation in arbitration journals: the International Court of Arbitration Bulletin and Arbitration International compared, Paola Catenaccio
Voices in arbitration awards: polyphony and language reports, Giuliana Garzone and Chiara Degano
A comparison between American and Italian online dispute resolution systems, Larissa D'Angelo
Arbitration in action: the display of arbitrators' neutrality in witness hearings, Stefania Maria Maci
Arbitration in Italy: a two-headed Janus?, Ulisse Belotti
Is arbitration being colonized by litigation? – practitioners' views in the Singapore context, Sujata Kathpalia
Confidentiality v. publicity: the impact of international arbitration in the media, Isabel Corona.
Part III Prospects and Conclusions: Contested identities in international arbitration practice, Vijay K. Bhatia, Christopher N. Candlin and Maurizio Gotti