Language And Translation In International Commercial Arbitration
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Language And Translation In International Commercial Arbitration
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Author : Tibor Várady
language : en
Publisher: T.M.C. Asser Press
Release Date : 2014-12-03
Language And Translation In International Commercial Arbitration written by Tibor Várady and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-03 with Law categories.
Anyone who has acted as arbitrator or counsel in an arbitration in which more than one language was used, sat as judge on an international court that had more than one working language, or served on a drafting committee of a multi language treaty knows how many unexpected complications, both procedural and substantive, the 'language issue' can create. And the problems that arise in that context are not limited to those that relate to the choice of the most appro priate translation of a particular word or that arise from a later discovered trans lation error. Although finding the most appropriate translation for a given word or phrase to be used when drafting legal documents intended to be equally au thentic, for example, is by no means always an easy matter. Language issues can present innumerable more serious types of problems depending on a par ticular legal setting; they can also have unforeseen and costly consequences. In this thoroughly researched and carefully structured book, Professor Tibor Varady focuses on the variety oflanguage issues that can arise at different stages of international commercial arbitration proceedings. He also proposes sound and creative solutions designed to help the parties to the proceedings, their arbi trators and counsel to anticipate and resolve these problems. The result is, to my knowledge, the first book-length monograph on the subject that addresses all language issues likely to arise in international commercial arbitrations.
Language And Translation In International Commercial Arbitration
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Author : Tibor Várady
language : en
Publisher: T.M.C. Asser Press
Release Date : 2006
Language And Translation In International Commercial Arbitration written by Tibor Várady and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
With a foreword by Judge Thomas Buergenthal, International Court of Justice The present book is the first book-length monograph addressing practically all language issues likely to arise throughout the arbitration process and post-arbitration proceedings. International Commercial Arbitration is a transcultural venture and the need to bridge language differences is a part of the process. There are more and more cases in which procedural or alleged procedural deficiencies pertaining to language emerge as an issue with unforeseen and costly consequences. The author presents a comprehensive survey of questions related to language and translation in (post-)arbitral proceedings. The issues are systematized and answers to the questions are suggested and analyzed, relying primarily on arbitration and court cases, international agreements, statutes and institutional rules. As such, it allows the reader to find answers to specific questions, and also offers a distinctive comparative survey. The book provides guidance to both arbitrators and parties to arbitration as well as to judges and other participants in post-award proceedings. Tibor Varady is a Professor of Law at the Central European University, Budapest, and Emory University School of Law, Atlanta. He has been an arbitrator in no less than 200 cases. Professor Várady has been on the list of arbitrators of eight arbitral institutions in Europe, Africa and Asia.
Legal Discourse Across Cultures And Systems
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Author : Vijay K. Bhatia
language : en
Publisher: Hong Kong University Press
Release Date : 2008-01-01
Legal Discourse Across Cultures And Systems written by Vijay K. Bhatia and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Language Arts & Disciplines categories.
What exactly is legal about legal language? What happens to legal language when it is used across linguistic, national, socio-political, cultural, and legal systems? In what way is generic integrity of legal documents maintained in multilingual and multicultural legal contexts? What happens when the same rule of law is applied across legal systems? By bringing together scholars and practitioners from more than ten countries, representing various jurisdictions, languages, and socio-political backgrounds, this book addresses these key issues arising from the differences in legal or sociocultural systems. The discussions are based not only on the analysis of the legal texts alone, but also on the factors shaping such constructions and interpretations. Given the increasing international need for accurate and authoritative translation and use of legal documents, this important volume has considerable contemporary relevance in a globalized economy. It will appeal to discourse analysts, commercial consultants, legal trainers, translators, and applied researchers in professional communication, especially in the field of legal writing and languages for specific purposes.
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.
Practitioner S Guide To Arbitration In The Middle East And North Africa
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Author : Essam Al Tamimi
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2009-09-01
Practitioner S Guide To Arbitration In The Middle East And North Africa written by Essam Al Tamimi and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-01 with Arbitration and award categories.
The Practitioner's Guide to Arbitration in the Middle East and North Africa is the culmination of the real experience and expertise from those experts and authorities directly involved with arbitration in their respective countries. The book is the first of its kind to target the Mena region specifically and is essential for anyone working in the area of arbitration both in the Middle East and world-wide. The practice of arbitration of private disputes is not new to MENA countries. Arbitration has long been recognized as a legitimate and culturally accepted practice of dispute resolution, dating back to dispute resolution practices of the early Islamic period, and even the pre-Islamic era. International commercial arbitration, and its cultural and juridical acceptance, is a more recent and complex phenomenon nonetheless on the rise in MENA countries. It is now standard for arbitration clauses to be included in contracts governing international transactions and there is a growing consensus among MENA merchants engaged in international trade, along with their commercial counterparts in the rest of the world, that international arbitration is preferable to litigation in domestic courts for purposes of resolving private commercial disputes. While subject to some qualifications and restrictions in some instances, in many, if not most, MENA countries, arbitration clauses can be included in contracts with government entities engaging in commercial transactions. Additionally, conferences, seminars, and training programs in international arbitration are on the rise, and various international arbitration centres have been established. The advantages from the perspective of private parties are tremendous: Parties can elect which law will apply to disputes arising from their transactions, and they can remove themselves from the constraints and biases of parochial attitudes in national courts. There is also an increasing acceptance by national courts of international arbitration standards, such as the principle of Kompetenz-Kompetenz, recognising the right of arbitrators to decide their own jurisdiction and the separability of the arbitration clause. More frequently, courts are granting assistance and support to international arbitrations and are more receptive to enforcing foreign awards. This book is a comprehensive guide to arbitration in Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Palestine, Qatar, Saudi Arabia, Sudan, Syria, Tunisia, UAE, and Yemen. Written in question/answer format by leading practicioners and firms from the region, it elicits the most salient features of the legal framework for arbitration and international arbitration in each of the respective countries.
Law And Practice Of International Commercial Arbitration
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Author : Alan Redfern
language : en
Publisher: Sweet & Maxwell
Release Date : 2004
Law And Practice Of International Commercial Arbitration written by Alan Redfern and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Highly acclaimed by practitioners all over the world, Law & Practice of International Commercial Arbitration has deservedly become the leading text in its field. With its comprehensive review of the legal context within which international commercial arbitration operates, Redfern & Hunter is the ultimate user-friendly explanation of how arbitration, and in particular international commercial arbitration, works. The 4th edition has been expanded to give a wider global scope to the work. Readers can also benefit from the expert insight and advice of world-renowned international practitioners. international practitioner * Contains a comprehensive review of the international commercial arbitration process from start to finish * Includes commentary on suitable places of arbitration, developments in international trade law and the increasing harmonisation of national laws governing international arbitration * Appendices include the major international rules of arbitration and conventions * Explains how arbitration should be conducted to be cost effective and profitable * Fully updated to take account of the latest developments all over the world - including a new chapter on investment arbitrations
Legal Interpretation In International Commercial Arbitration
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Author : Joanna Jemielniak
language : en
Publisher: Routledge
Release Date : 2016-04-22
Legal Interpretation In International Commercial Arbitration written by Joanna Jemielniak and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
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.
Swiss International Arbitration Law Reports 2007 2009 Vols 1 3
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Author : Paolo Michele Patocchi
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2012-04-01
Swiss International Arbitration Law Reports 2007 2009 Vols 1 3 written by Paolo Michele Patocchi and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-01 with Law categories.
he Swiss International Arbitration Law Reports provides for the first time a full English translation of the decisions made by the Swiss Federal Supreme Court on a biannual basis, irrespective of whether the original decision was published in the German, French or Italian language, or whether the decision has been officially published or is simply available on the Court's website. The English translation is presented in parallel to the original text of each decision, and it is preceded by a head note and a summary of the decision for the reader in a hurry. All decisions directly relating to international arbitration will be translated, including those that deal with setting aside proceedings, the enforcement of arbitration agreements or the recognition and enforcement of foreign arbitral awards in Switzerland under the New York Convention, 1958. Switzerland is historically one of the preferred venues for international commercial arbitration. Arbitrations taking place in Switzerland relate not only to contracts between European corporations, but also to contracts made in East-West trade or contracts between parties in the Northern and the Southern hemisphere. The most important decisions on international arbitration are made by Switzerland's highest court, the Federal Supreme Court. Anyone who needs to consider the position of the Swiss law on international arbitration is bound to consult these decisions. In addition, due to the leading role of Switzerland in international arbitration, the Court's decisions are frequently relied upon by arbitral tribunals in international arbitrations outside Switzerland.
Multilingual And Multicultural Contexts Of Legislation
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Author : Vijay Kumar Bhatia
language : en
Publisher: Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften
Release Date : 2003
Multilingual And Multicultural Contexts Of Legislation written by Vijay Kumar Bhatia and has been published by Peter Lang Gmbh, Internationaler Verlag Der Wissenschaften this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Arbitration and award categories.
This volume is one of the outcomes of the project Generic Integrity of Legislative Discourse in Multilingual and Multicultural Contexts, which analyses international arbitration laws written in different languages and used across legal systems. It documents the development of legal frameworks of a range of diverse countries, highlighting in particular not only the diversity of their legislative frameworks, processes and procedures, but more importantly those socio-political, economic, cultural and linguistic influences which have a significant role to play in the development of legal frameworks, thus providing a crucial backdrop for our understanding of legal language in the global context.
Arbitration Awards
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Author : Vijay K. Bhatia
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2012-11-13
Arbitration Awards written by Vijay K. Bhatia 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 2012-11-13 with Law categories.
This volume focuses on arbitration awards as a discursive genre and draws on the results of research on the discourses of international commercial arbitration conducted within the framework of an international project (“International Commercial Arbitration Practices: A Discourse Analytical Study”) setting out to explore the hypothesis that, as suggested in recent times by various scholars, arbitration practice, procedures and discourses are being increasingly contaminated by litigation, thus compromising the integrity of arbitration principles. The genre investigated is especially interesting in this respect, as arbitration awards represent the final textual outcome of arbitration proceedings. The various chapters of the book, based on the analysis of different international corpora of arbitration awards in various languages (English, French, Italian, Spanish and Chinese), attack the same theme, investigating different aspects of the discursive construction of awards, with a view to identifying any elements of interdiscursivity that may provide evidence for or against the main hypothesis. The discussion of these issues also has theoretical relevance, as it provides interesting insights into the mechanisms that preside over the contamination and hybridization among genres in professional practice.