"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."--Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
chapter Introduction part PART I Asian perspectives on arbitration chapter 1 International commercial arbitration in Asia: Discursive and professional perspectives V IJAY K. BH AT I A chapter 2 Setting aside or non-enforcement of arbitral awards in international arbitration on the public policy ground - a regional perspective JOH N K. A RT HUR chapter 3 Will the 'haves' come out ahead of the 'have-nots' in international arbitration? The structural dynamics of justice in Chinese-African commercial arbitration disputes JA N ET A I NS WORT H part PART II Discursive practices in arbitration chapter 4 The combination of arbitration with conciliation/mediation in the legislation of the People's Republic of China M AU R IZIO GOT T I, PI ER A PELLEGR I N ELLI AND ELENA SIGNOR INI chapter 5 Arbitration practice in India: A discursive perspective PAT R IZI AANE SA chapter 6 A contrastive corpus-based analysis of Italian and Singaporean arbitration practice narratives / U LISSE BELOT T I chapter 7 Arbitration discourse in Vietnam: Challenges and opportunities PAT R IZI AANE SA ANDN ET LE chapter 8 Perceptual, cultural and linguistic challenges facing Japan as a site of international arbitration / R ICH ARD POW ELL part PART III Professional practices in arbitration chapter 9 Internationalisation through institutional arbitration: The Malaysian success story SU N DR A R AJOO chapter 10 Arresting the crisis of confidence in arbitration - a Malaysian perspective / LAM WA I LOON chapter 11 Critical evaluation of arbitration in India R IZU L JA I chapter 12 Arbitration rules in Hong Kong MARI AC ARLA GIORGET T I chapter 13 The difficulties with law and language of arbitration in India: A challenge for domestic environmental arbitration? CH A RU SH ARMA chapter 14 Production and discovery of documents in arbitration in India - a comparative analysis A SHOK K UM A R SI NGH part PART IV Towards an Asian arbitration model chapter 15 Legalisation of international arbitration in Asia: Paving the way for cultural homogenisation? SH AHR IZ ALM. ZI N chapter 16 Emerging trends in the dispute settlement mechanism in the Free Trade Agreements of China, South Korea and Japan R AJ E SH SH ARMA.