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Vol 25 No 2 Feb/March 2020

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International Arbitration Discourse and Practices in Asia

Edited by: Vijay Bhatia, Maurizio Gotti, Azirah Hashim, Philip Koh, Datuk Sundra Rajoo

ISBN13: 9781138282216
Published: August 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £115.00

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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.

Other Jurisdictions , Asia, Arbitration and Alternative Dispute Resolution
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

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

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

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

Series: Law, Language and Communication

The Analysis of Legal Cases: A Narrative Approach ISBN 9780415788939
Published July 2019
Synesthetic Legalities: Sensory Dimensions of Law and Jurisprudence
Edited by: Sarah Marusek
ISBN 9781472482952
Published November 2016
Synesthetic Legalities: Sensory Dimensions of Law and Jurisprudence (eBook)
Edited by: Sarah Marusek
ISBN 9781317047254
Published November 2016