ABSTRACT

This chapter investigates the adoption of the Uncitral Model Law in the Italian context and examines in particular the adaptations that have been made to the model document in the process of translation/localization of this text. The texts analyzed will be drawn from Italian legislation on international arbitration based on the Model Law (ML) on International Commercial Arbitration and the Uncitral Arbitration Rules (AR); in particular, the analysis will focus on the Italian arbitration law inserted in the Code of Civil Procedure (CCP) arts. In order to highlight the differentiations and adaptations to a particular context, the Italian text taken into consideration will be compared to that of United Nations, with the aim of offering detailed understanding of linguistic and textual phenomena closely linked to cross-cultural translation. The analysis determines the phenomenon of legal translation in a multilingual/multicultural contest is greatly influenced by linguistic constraints and legal traditions of the local communities to which the translation is addressed.