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Legal Discourse across Cultures and Systems$
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Vijay K. Bhatia, Christopher N. Candlin, and Jan Engberg

Print publication date: 2008

Print ISBN-13: 9789622098510

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622098510.001.0001

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International Commercial Arbitration in India:

International Commercial Arbitration in India:

A Study of Discursive Practices

Chapter:
(p.108) (p.109) 5 International Commercial Arbitration in India:
Source:
Legal Discourse across Cultures and Systems
Author(s):

Kusum Dhanania

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789622098510.003.0005

Based on arbitration proceedings in India, this chapter argues that commercial arbitration proceedings are increasingly being influenced by judicial processes, and hence are less consistent with the principles of negotiation and settlement, and their dialogic modes of interaction. These proceedings, the discussion argues, are becoming mere replicas of the judicial process in private settings. Such adversarial resolution of disputes is contrary to the spirit of arbitration of commercial conflicts. The study demonstrates the differences in the discourses of Commercial Arbitration proceedings in India, whether domestic or international, when influenced by the adversarial legal practice typical of litigation and by arbitration practices undertaken by non-legal participants, especially in commercial arbitration cases.

Keywords:   negotiation, settlement, commercial conflicts, dispute resolution, globalization

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