Legal Interpretation in International Commercial Arbitration

Author:   Joanna Jemielniak ,  Professor Vijay K. Bhatia ,  Ms. Anne Wagner, PhD
Publisher:   Taylor & Francis Ltd
Edition:   New edition
ISBN:  

9781409447191


Pages:   278
Publication Date:   28 January 2014
Format:   Hardback
Availability:   In Print   Availability explained
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Legal Interpretation in International Commercial Arbitration


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Author:   Joanna Jemielniak ,  Professor Vijay K. Bhatia ,  Ms. Anne Wagner, PhD
Publisher:   Taylor & Francis Ltd
Imprint:   Ashgate Publishing Limited
Edition:   New edition
Dimensions:   Width: 15.90cm , Height: 1.80cm , Length: 23.50cm
Weight:   0.658kg
ISBN:  

9781409447191


ISBN 10:   1409447197
Pages:   278
Publication Date:   28 January 2014
Audience:   College/higher education ,  College/higher education ,  Tertiary & Higher Education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Contents: Introduction. Part I Arbitration as a Legal and Semiotic Phenomenon: International commercial arbitration: the reasons for success; ICA in the context of theories of legal discourse; ICA and the semiotic web of law. Part II Structural Determinants of Legal Discourse in Arbitration: Ad hoc and institutional arbitration; Processualization of arbitration; Arbitration in a multicultural environment: structural and procedural aspects. Part III Legal Interpretation in the Arbitral Discourse: Functional Aspects: Comparative method; Lex Mercatoria in arbitration; Amiable composition; Public order considerations; ICA: a paradigmatic change in legal interpretation? Bibliography; Index.

Reviews

'It is impossible to fully understand the nature of legal interpretation in arbitration without taking into account the context in which arbitrators operate, including their legal training, and the panoply of legal traditions they are faced with. This book successfully incorporates these elements into analysis, which makes it a truly valuable contribution to the discussion about the subject.' Marek Safjan, Judge at the Court of Justice of the European Union, and the former President of the Constitutional Tribunal of the Republic of Poland 'This book combines academic thinking and practical insight. This combination is particularly powerful in the section on the comparative method where the book provides guidance for different ways to use comparative analysis which has become part of the advocacy tool kit in international commercial arbitration. The role of comparative analysis is explained for different theoretical representations of international commercial arbitration (as an emanation of national, pluralistic or autonomous legal order). I recommend this book to legal scholars as well as practising lawyers.' Anton K. Schnyder, University of Zurich, Switzerland


Author Information

Joanna Jemielniak, Ph.D., is an associate professor at the Faculty of Law, University of Copenhagen. She graduated from University of Warsaw and Harvard Law School. She was a Fulbright Fellow at Harvard University in 2004/05 and subsequently held visiting appointments at UNIDROIT (2006), Harvard Law School (2007), and the University of California, Berkeley School of Law (2008). She has also lectured at Kozminski University. She is a member of the Editorial Board of the International Journal for the Semiotics of Law and an International Collaborator to International Commercial Arbitration Practices: A Discourse Analytical Study. She specializes in international business law and arbitration, as well as in theory of legal interpretation.

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