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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Legal Interpretation in International Commercial Arbitration

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ISBN13: 9781409447191
Published: January 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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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.

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Arbitration and Dispute Resolution

Part I Arbitration as a Legal and Semiotic Phenomenon: International commercial arbitration - the reasons for success
ICA in the context of theories of legal discourse
ICA and the semiotic web of law.

Part II Structural Determinants of Legal Discourse in Arbitration: Ad hoc and institutional arbitration
Processualization of arbitration
Arbitration in a multicultural environment - structural and procedural aspects.

Part III Legal Interpretation in the Arbitral Discourse: Functional Aspects: Comparative method
Lex Mercatoria in arbitration
Amiable composition
Public order considerations
ICA: a paradigmatic change in legal interpretation