ABSTRACT
International business exchanges between and with Asian countries have increased enormously over the last few years. As a natural consequence, this has brought about an increasing number of trade disputes that are being resolved through arbitration as an effective alternative to more expensive litigation. This volume offers a variety of perspectives on this important international dispute resolution practice in Asia. Essentially interdisciplinary in approach, it brings together specialists in law, international commercial arbitration and discourse analysis. The contributing authors include practitioners as well as academics. Together they explore the interrelations between discourses and practices in the field of arbitration in Asia. The work also investigates the extent to which the ‘integrity’ of arbitration principles, typical of international commercial arbitration practice, is maintained in various Asian contexts. The authors focus particularly on arbitration norms and practices as they are influenced by local juridical, cultural and linguistic factors.
The book will be a valuable resource for academics and practitioners working in the areas of arbitration and dispute resolution, as well as researchers with an interest in language, communication and discourse analysis.
TABLE OF CONTENTS
part I|32 pages
Asian perspectives on arbitration
chapter 1|14 pages
International commercial arbitration in Asia
chapter 3|10 pages
Will the ‘haves’ come out ahead of the ‘have-nots’ in international arbitration?
part II|84 pages
Discursive practices in arbitration
part III|65 pages
Professional practices in arbitration
chapter 13|20 pages
The difficulties with law and language of arbitration in India
part IV|30 pages
Towards an Asian arbitration model