
Contents
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Introduction Introduction
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Regulative Acts in Arbitration Law Regulative Acts in Arbitration Law
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Permission Permission
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Obligation Obligation
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Prohibition Prohibition
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Constitutive rules Constitutive rules
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Sender/Receiver References in Arbitration Law Sender/Receiver References in Arbitration Law
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Focalising/defocalising reference to the regulated party Focalising/defocalising reference to the regulated party
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Agents of “shall” in arbitration law Agents of “shall” in arbitration law
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Subjects in regulative acts in arbitration law Subjects in regulative acts in arbitration law
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Discussion Discussion
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References References
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10 Rhetorical Strategies in Arbitration Law
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Published:January 2008
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Abstract
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.
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