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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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PRINTED FROM HONG KONG SCHOLARSHIP ONLINE (www.hongkong.universitypressscholarship.com). (c) Copyright Hong Kong University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in HKSO for personal use (for details see http://www.hongkong.universitypressscholarship.com/page/privacy-policy).date: 18 March 2018

Discourse Systems in English Arbitration Awards

Discourse Systems in English Arbitration Awards

(p.181) 9 Discourse Systems in English Arbitration Awards
Legal Discourse across Cultures and Systems

Girolamo Tessuto

Hong Kong University Press

Unlike arbitration laws and rules, which rely heavily on the use of typical lexico-grammatical features for clarity, precision, and unambiguity, modern English arbitral awards rely more on content. Awards are presented and expressed in modern, plain, and effective English, and as such are readily comprehensible to the lay as well as to specialist audiences. This chapter provides a descriptive and critical analysis of a recent specimen of an English arbitral award relative to consumer disputes obtained from the Chartered Institute of Arbitrators in London. It argues that although the main purpose of arbitral awards is to provide simple, cost-effective ways of resolving disputes, the arbitrator's attitude is equally important, especially his or her socio-culturally institutionalized judgment in contexts where social behavior needs to be controlled and justified.

Keywords:   dispute resolution, social behavior, arbitral awards, London, arbitrator's behavior

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