Chapter

Rhetorical Strategies in Arbitration Law

Anna Trosborg

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/9789622098510.003.0010
Rhetorical Strategies in Arbitration Law

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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

Chapter.  7686 words. 

Subjects: Sociolinguistics

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