Legal interpretation in international commercial arbitration

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Where to find it

Law Library — 3rd Floor Collection (3rd floor)

Call Number
K2400 .J46 2014
Status
Available

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Summary

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.

Contents

International commercial arbitration : the reasons for success -- ICA in the context of theories of legal discourse -- ICA and the semiotic web of law -- Ad hoc and institutional arbitration -- Processualization of arbitration -- Arbitration in a multicultural environment : structural and procedural aspects -- Comparative method -- Lex mercatoria in arbitration -- Amiable composition -- Public order considerations -- ICA : a paradigmatic change in legal interpretation?

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