Chapter

Discourse Systems in English Arbitration Awards

Girolamo Tessuto

in Legal Discourse across Cultures and Systems

Published by Hong Kong University Press

Published in print January 2008 | ISBN: 9789622098510
Published online September 2011 | e-ISBN: 9789882207141 | DOI: http://dx.doi.org/10.5790/hongkong/9789622098510.003.0009
Discourse Systems in English Arbitration Awards

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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

Chapter.  6559 words. 

Subjects: Sociolinguistics

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