Rhetorical Strategies in Arbitration Law
Rhetorical Strategies in Arbitration Law
This chapter analyzes the regulative acts in the UNCITRAL Model Law on International Commercial Arbitration and in the Arbitration Law of the People's Republic of China. It aims to identify rhetorical strategies fundamental to laying down the law in the domain of international arbitration and to establish their relative frequencies in Chinese Law in comparison with UNCITRAL Model Law. The focus is on the functional tenor in order to analyze communicative functions pertaining to “laying down arbitration law,” i.e. regulative acts and their realization patterns as they appear under the conditions of field, tenor, and mode. The chapter also pays attention to focalization/defocalization of the regulated party. The results are then compared to those obtained for contract law.
Keywords: UNCITRAL, commercial arbitration, Chinese law, international arbitration, functional tenor, contract law
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