ABSTRACT

This chapter investigates the integrity of legal and arbitration discourses, in particular, litigation judgments and arbitration awards. As part of the arbitration process, the arbitrator can be called on to act as a facilitator who negotiates the dispute resolution procedure with the parties to the dispute. The chapter examines the way that arbitrators use the arbitral award in order to present their decisions, along with associated reasoning or account. The awards for analysis are taken from The ICC International Court of Arbitration Bulletin, a professional journal which publishes extracts from ICC awards. Most professional communities have at their disposal their own discursive resources which draw on their knowledge of what forms of communication are appropriate to represent their specific professional actions. It is thus expected that arbitrators as professionals have their own discursive resources which will be typical of their profession, and accomplished arbitrators will skilfully exploit such resources to achieve their institutional goals and realize their communicative actions.