International Arbitration Discourse And Practices In Asia
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International Arbitration Discourse And Practices In Asia
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Author : Vijay K. Bhatia
language : en
Publisher: Routledge
Release Date : 2017-07-28
International Arbitration Discourse And Practices In Asia written by Vijay K. Bhatia and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-28 with Law categories.
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.
Discourse And Practice In International Commercial Arbitration
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Author : Christopher N. Candlin
language : en
Publisher: Routledge
Release Date : 2016-05-23
Discourse And Practice In International Commercial Arbitration written by Christopher N. Candlin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-23 with Law categories.
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.
Rhetoric Of Insecurity
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Author : Victoria Baines
language : en
Publisher: Routledge
Release Date : 2021-07-13
Rhetoric Of Insecurity written by Victoria Baines and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-13 with Language Arts & Disciplines categories.
This book demands that we question what we are told about security, using tools we have had for thousands of years. The work considers the history of security rhetoric in a number of distinct but related contexts, including the United States’ security strategy, the "war" on Big Tech, and current concerns such as cybersecurity. Focusing on the language of security discourse, it draws common threads from the ancient world to the present day and the near future. The book grounds recent comparisons of Donald Trump to the Emperor Nero in a linguistic evidence base. It examines the potential impact on society of policy-makers’ emphasis on the novelty of cybercrime, their likening of the internet to the Wild West, and their claims that criminals have "gone dark". It questions governments’ descriptions of technology companies in words normally reserved for terrorists, and asks who might benefit. Interdisciplinary in approach, the book builds on existing literature in the Humanities and Social Sciences, most notably studies on rhetoric in Greco-Roman texts, and on the articulation of security concerns in law, international relations, and public policy contexts. It adds value to this body of research by offering new points of comparison, and a fresh but tried and tested way of looking at problems that are often presented as unprecedented. It will be essential to legal and policy practitioners, students of Law, Politics, Media, and Classics, and all those interested in employing critical thinking.
Frameworks For Discursive Actions And Practices Of The Law
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Author : Jan Engberg
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2019-01-15
Frameworks For Discursive Actions And Practices Of The Law written by Jan Engberg and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-15 with Language Arts & Disciplines categories.
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.
Law Cinema And The Ill City
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Author : Anne Wagner
language : en
Publisher: Routledge
Release Date : 2019-04-26
Law Cinema And The Ill City written by Anne Wagner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-26 with Fiction categories.
This book uses film and television as a resource for addressing the social and legal ills of the city. It presents a range of approaches to view the ill city through cinematic and televisual characterization in urban frameworks, political contexts, and cultural settings. Each chapter deconstructs the meaning of urban space as public space while critically generating a focus on order and justice, exploring issues such as state disorder, lawlessness, and revenge. The approach presents a careful balance between theory and application. The original and novel ideas presented in this book will be essential reading for those interested in the presentation of law and place in cultural texts such as film.
The Analysis Of Legal Cases
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Author : Flora Di Donato
language : en
Publisher: Routledge
Release Date : 2019-07-04
The Analysis Of Legal Cases written by Flora Di Donato and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-04 with Language Arts & Disciplines categories.
This book examines the roles played by narrative and culture in the construction of legal cases and their resolution. It is articulated in two parts. Part I recalls epistemological turns in legal thinking as it moves from theory to practice in order to show how facts are constructed within the legal process. By combining interdisciplinary paradigms and methods, the work analyses the evolution of facts from their expression by the client to their translation within the lawyer-client relationship and the subsequent decision of the judge, focusing on the dynamic activity of narrative construction among the key actors: client, lawyer and judge. Part II expands the scientific framework toward a law-and-culture-oriented perspective, illustrating how legal stories come about in the fabric of the authentic dimensions of everyday life. The book stresses the capacity of laypeople, who in this activity are equated with clients, to shape the law, dealing not just with formal rules, but also with implicit or customary rules, in given contexts. By including the illustration of cases concerning vulnerable clients, it lays the foundations for developing a socio-clinical research programme, whose aims including enabling lay and expert actors to meet for the purposes of improving forms of collective narrations and generating more just legal systems.
The Developing World Of Arbitration
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Author : Anselmo Reyes
language : en
Publisher: Bloomsbury Publishing
Release Date : 2018-02-22
The Developing World Of Arbitration written by Anselmo Reyes and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-22 with Law categories.
The Developing World of Arbitration studies the recent emergence of Asia Pacific jurisdictions as regional or international arbitration centres, thanks to various reform efforts and initiatives. This book provides an up-to-date and comprehensive analysis of the ways in which arbitration law and practice have recently been reformed in Asia Pacific jurisdictions. Leading contributors across the Asia Pacific region analyse twelve major jurisdictions representing varying patterns and degrees of development, whether driven from top down, bottom up, or by some hybrid impetus. Setting the arbitration systems and reforms of each investigated jurisdiction in the context of its economic, political, and judicial dynamics, this book presents, for the first-time, a cross-jurisdiction comparative and contextual study of the developing world of arbitration in the Asia Pacific and contributes to comparative international arbitration literature from an Eastern perspective. It also aims to identify an Asia Pacific model of arbitration modernisation, one that may be distinct from a Western model, and predicts future trajectories of development and challenge in light of the ever increasing competition between Eastern- and Western-based arbitration centres. This edited collection will be an invaluable addition to the libraries of academics and practitioners in the field of international commercial arbitration.
International Commercial And Investor State Arbitration
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Author : Luke Nottage
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-02-26
International Commercial And Investor State Arbitration written by Luke Nottage and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-26 with Law categories.
This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.
Constructing Legal Discourses And Social Practices
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Author : Girolamo Tessuto
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2016-05-11
Constructing Legal Discourses And Social Practices written by Girolamo Tessuto and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-11 with Language Arts & Disciplines categories.
Over recent decades, legal language and its representation of social action, social actors and social practices have provided systematic insights into the meaning and function of text, discourse or talk realised in academic, professional and institutional sites of communication, and generated a variety of data for analysis, method and theory. Constructing Legal Discourses and Social Practices, the first issue of the Legal Discourse and Communication international series, looks descriptively and interpretatively at the realised forms of legal discourse and how these are framed and organised by social practices within distinctive sites of legal communication. The four main parts of the book provide a broad coverage of key issues and perspectives arising from a variety of genres (spoken, as well as written) employed in institutional, professional and organisational communication of the law, and bring into focus recent research where language and law play out in the real world. This invaluable book is multi-dimensional and multi-perspectival in its design and implementation, and will be an essential reference for those researching and working in the areas of applied linguistics and for postgraduate students.
International Arbitration When East Meets West
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Author : Neil Kaplan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-10-09
International Arbitration When East Meets West written by Neil Kaplan and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-09 with International commercial arbitration categories.
As Asia, China, in particular, gains economic momentum and increasingly attracts global attention, disputes between Asian and Western parties will inevitably increase. This book, the first to address issues arising from these types of disputes in depth, collects incisive articles by both well-known Asian arbitrators and non-Asian practitioners with extensive experience dealing with arbitrations involving Asian parties, all under the aegis of Michael Moser, a Western-trained lawyer who had the foresight to build a China-focused dispute resolution practice at a time when it was not fashionable to do so. The articles reflect Moser’s exemplary career as an independent arbitrator who has navigated between Asian and Western legal cultures seamlessly for decades. The upshot is an authoritative investigation of the differences and similarities of international arbitration between two contrasting cultures–both from a legal and social perspective– as well as a consideration of how each culture has influenced international arbitration practice overall. Issues covered include the following: interim measures in support of arbitration; the hybrid arbitration-mediation mode of dispute resolution; what China’s investment treaties have to offer; Moser’s ‘Triple A’ approach to mediation; witness conferencing; influence of of rang (¿), or exercise of altruism; Chinese courts’ approach to international arbitration; evolution of investment protection between China and Europe; disclosure versus state secrecy laws in China; and the standard for disclosure in rules of evidence. Given the increasing prevalence of arbitrations seated in Asia and the number of new players engaged in arbitration in Asia, this book is certain to attract a wide range of arbitration practitioners, especially those engaged in arbitrations involving Asian parties. As a comparative study of Asian and Western arbitration theory and practice, it is peerless. Scholars of arbitration worldwide are sure to learn from the insights detailed here of practitioners with consummate experience in arbitrations involving cross-cultural parties. “This is an excellent and wide ranging publication that rightly pays tribute to Michael’s career as a multi-faceted doyen of international arbitration; he has had his base in Asia but at all times he has held a global and even minded view. Many of us – and the overall institution of international arbitration - owe so very much to him.” Matthew Gearing, QC, former Chair of HKIAC “This wide-ranging and insightful volume pays tribute to the distinguished career of Michael Moser, a true Renaissance figure who has traversed both East and West and helped so many others bridge the two.” Gary Born, WilmerHale