Arbitrator Acceptability in International Maritime Arbitration

Lee, Jae-Ho; Pak, Myong-Sop

doi:10.35611/jkt.2020.24.5.18

Cited by 2 publications

(1 citation statement)

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“…Considering the high costs, large time-consumption and complex procedures related to litigation, the proliferation of alternative dispute resolution (ADR) continues to erode the presumption that courts are the principal forum for dispute resolution in the past several decades (Alrasheed et al, 2023; Lee and Pak, 2020; McGregor, 2015). As one of the main forms of ADR, arbitration enjoys popularity in many countries including China which has been witnessing the increasing growth in the acceptance of arbitration as a method of domestic dispute settlement.…”

Section: Introductionmentioning

confidence: 99%

Exerting power through interruptions: A case study of arbitrators’ discourses in Chinese Arbitral Tribunals

Jiang

2023

Discourse Studies

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Applying conservation analysis, this article explicates the specific ways in which interruptions are strategized to adjust power relations in arbitration discourse. By analyzing the transcriptions of 18 authentic recordings of arbitration cases in Chinese mainland, this article ascertains the frequency and classification of interruptions, and further explains the discursive features of interruptions related to power. The analyses reveal that arbitrators in Chinese arbitral tribunals alternatively adopt the conflicting, conciliatory and emotional interruptions with/without discourse markers to represent variant degrees of arbitral power, satisfy the pragmatic needs of communication, and promote the arbitration proceedings. Discourse markers function as signals of interruptions and regulators of arbitral power, which are jointly adopted with interruptions by arbitrators to convey different communicative intentions. This study puts forward a new model of arbitrators’ interruptions and power which can be applied in the further studies of other professional domains, and the findings may have some important implications for arbitration discourse study in terms of the relationship between language and power.

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Section: Introductionmentioning

confidence: 99%