Details

Autor(en) / Beteiligte

• Candlin, Christopher N.
• Bhatia, Vijay K.

Titel

Language and Power in Arbitration Proceedings: Insights into Theory and Practice

Ist Teil von

• Discourse and Practice in International Commercial Arbitration, 2012, p.109-128

Ort / Verlag

Routledge

Erscheinungsjahr

2012

Link zum Volltext

Quelle

Alma/SFX Local Collection

Beschreibungen/Notizen

• In 2006, the Italian Government promoted a reform of arbitration under Legislative Decree 40/2006, in line with the United Nations Commission on International Trade Law (UNCITRAL) Model Law (ML). International commercial arbitration (ICA) in Italy is now ruled by Art. 806-832 of the Code of Civil Procedure (CCP) and is a highly standardized legal procedure; arbitration is regarded as an alternative form of dispute resolution, commonly known as ADR. In Italy, for instance, the arbitration process entails the gathering of the information required by the arbitral panel in order to have a clear view of what happened so as to be able to apply legal norms to the parties' behaviour and reach an objective and neutral award. This recontextualization occurs through discursive practices and through various aspects of arbitration stages, processes and procedures. Indeed, as Bhatia has indicated, the doctrine of ICA interacts with arbitration laws, the institutional rules of application and the specific rules of the seat of arbitration.