ABSTRACT

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.

chapter |10 pages

Introduction

part |2 pages

Part I: Arbitration as a Legal and Semiotic Phenomenon

part |2 pages

Part II: Structural Determinants of Legal Discourse in Arbitration

part |2 pages

Part III: Legal Interpretation in the Arbitral Discourse: Functional Aspects

chapter 7|24 pages

Comparative Method

chapter 8|26 pages

Lex Mercatoria in Arbitration

chapter 10|18 pages

Public Order Considerations