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It is increasingly held that international commercial arbitration
is becoming colonized by litigation. This book addresses, in a
range of ways and from various locations and sites, those aspects
of arbitration practice that are considered crucial for its
integrity as an institution and its independence as a professional
practice. The chapters offer multiple perspectives on the major
issues in play, highlighting challenges facing the institution of
arbitration, and identifying opportunities available for its
development as an institution. The evidence of arbitration practice
presented is set against the background of practitioner perceptions
and experience from more than 20 countries. The volume will serve
as a useful resource for all scholars and practitioners interested
in the institution of arbitration and its professional practices.
Genre theory has focused primarily on the analysis of generic
constructs, with increasing attention to and emphasis on the
contexts in which such genres are produced, interpreted, and used
to achieve objectives, often giving the impression as if producing
genres is an end in itself, rather than a means to an end. The
result of this focus is that there has been very little attention
paid to the ultimate outcomes of these genre-based discursive
activities, which are more appropriately viewed as academic,
institutional, organizational, and professional actions and
practices, which are invariably non-discursive, though often
achieved through discursive means. It was this objective in mind
that the book develops an approach to a more critical and deeper
understanding of interdiscursive professional voices and actions.
Critical Genre Analysis as a theory of discursive performance is
thus an attempt to be as objective as possible, rigorous in
analytical endeavour, using a multiperspective and multidimensional
methodological framework taking into account interdiscursive
aspects of genre construction to make it increasingly explanatory
to demystify discursive performance in a range of professional
contexts.
Genre theory has focused primarily on the analysis of generic
constructs, with increasing attention to and emphasis on the
contexts in which such genres are produced, interpreted, and used
to achieve objectives, often giving the impression as if producing
genres is an end in itself, rather than a means to an end. The
result of this focus is that there has been very little attention
paid to the ultimate outcomes of these genre-based discursive
activities, which are more appropriately viewed as academic,
institutional, organizational, and professional actions and
practices, which are invariably non-discursive, though often
achieved through discursive means. It was this objective in mind
that the book develops an approach to a more critical and deeper
understanding of interdiscursive professional voices and actions.
Critical Genre Analysis as a theory of discursive performance is
thus an attempt to be as objective as possible, rigorous in
analytical endeavour, using a multiperspective and multidimensional
methodological framework taking into account interdiscursive
aspects of genre construction to make it increasingly explanatory
to demystify discursive performance in a range of professional
contexts.
Arbitration is the most widely used alternative method to resolve
commercial disputes between parties. Since arbitration in
international contexts is equally applicable to legal traditions
across the world, there has been incessant effort on the part of
all jurisdictions to harmonize principles and practices to
establish a unified system of arbitration. As differences are
difficult to reconcile, there has been quite a bit of interest and
effort invested in the study of some of the key issues and
challenges in the field. This volume reports on one such initiative
undertaken by an interdisciplinary project, whose main objective is
to investigate the norms and arbitral practices in some important
Asian countries from the point of view of discursive practices
prevalent in these jurisdictions. The project focuses on the
documents used in arbitration in the main Asian countries and
compares them with those employed in other continents. The
investigated texts include not only norms and awards, but also
interviews with professionals in the field so as to gain direct
insights into the linguistic and textual choices employed in the
drafting of these documents.
This volume presents the latest research of an international group
of scholars, engaged in the analysis of academic discourse from a
genre-oriented perspective. The area covered by this volume is a
central one, as in the last few years important developments in
research on academic discourse have not only concerned the more
traditional genres, but, as well, generic innovations promoted by
the new technologies, employed both in the presentation of research
results and in their dissemination to a wider community by means of
popularising and teaching activities. These innovations have not
only favoured important changes in existing genres and the creation
of new ones to meet emerging needs of the academic community, but
have also promoted a serious discussion about the construct of
genre itself. The various investigations gathered in this volume
provide several examples of the complexity and flexibility of
genres, which have shown to be subject to a continuous tension
between stability and change as well as between convention and
innovation.
Professional identities are not only constructed through discourse,
but can also be studied and analysed through discourse and
communication behaviour, which is probably the most powerful
resource available for the understanding of their nature and
function. The present volume investigates the ways in which the
discourses produced in a variety of professional contexts,
especially in business, legal and institutional spheres of action,
shape and manifest professional identities. The focus of the
studies in this collection is on whether, and to what extent, the
in-group identity of a given professional community and the norms
elaborated by it affect the communicative behaviour of the
individual participant or whether, and to what extent, the
professional communication is also affected by the participant's
specific objectives in the performance of that professional
practice. Most of the studies reported here employ discourse and
genre analytical and corpus linguistics tools to highlight the ways
and means by which discourses contribute to the analysis of typical
identity traits of various professional communities to provide some
account of the way members of these professional communities
strategically manipulate linguistic resources to achieve their
professional objectives.
The volume presents a set of invited papers based on analyses of
legal discourse drawn from a number of international contexts where
often the English language and legal culture has had to adjust to
legal concepts very different from those of the English law system.
Many of the papers were inspired by two major projects on legal
language and inter-multiculturality: Generic Integrity in
Legislative Discourse in Multilingual and Multicultural Contexts
based in Hong Kong and carried out by an international team and
Interculturality in Domain-specific English, a national project
supported by the Italian Ministry for Education and Research,
involving research units from five Italian universities.
Genre analysis has become firmly established as one of the most
popular frameworks for the study of specialized genres in academic,
professional and institutional as well as other workplace contexts.
In recent years, genre theory has also developed in the direction
of a more comprehensive and powerful multi-dimensional and
multi-perspectived framework to examine not only the text but also
the context in a much more meaningful manner than had ever been
done earlier. The theoretical perspectives and the individual case
studies of this volume testify to the wide range of methodological
tools made available by genre theory, enabling researchers to
handle problems relating to the description of variations in
language use. Moreover, the following relevant issues are
addressed: how are specialized genres constructed, interpreted and
exploited in the achievement of specific goals in highly
specialized contexts?
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