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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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Rhetorical Strategies in Arbitration Law

Rhetorical Strategies in Arbitration Law

(p.198) (p.199) 10 Rhetorical Strategies in Arbitration Law
Legal Discourse across Cultures and Systems

Anna Trosborg

Hong Kong University Press

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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