European Journal of Law Reform

Article

“What Does He Think This Is? The Court of Human Rights or the United Nations?”

(Plain) Language in the Written Memories of Arbitral Proceedings: A Cross-Cultural Case Study

Keywords arbitration, legal language, plain language, specialised discourse, corpus linguistics
Authors Stefania Maria Maci
Author's information

Stefania Maria Maci
Stefania M. Maci is Aggregate Professor of English Language and Translation at the University of Bergamo, where she teaches English linguistic courses at graduate and undergraduate level. She is member of CERLIS (Research Centre on Specialized Languages), CLAVIER (The Corpus and Language Variation in English Research Group), BAAL (British Association of Applied Linguistics), and AIA (Associazione Italiana di Anglistica).
  • Abstract

      Arbitration as an alternative dispute resolution (ADR) is an extra-judicial process resolved privately outside an ordinary court of justice. As such, the award has the same legal effects as a judgment pronounced by a court judge. Arbitration can be preceded by a pre-trial process in which arbitrators try to reach a conciliation agreement between the parties. If an agreement is not reached, the arbitration process begins with the gathering of the parties’ memories. In both oral and written evidence, language is used argumentatively, and above all persuasively, by all sides or parties involved.
      Extensive studies in arbitration have been carried out from the viewpoint of law. From an applied linguistics angle, the study of interaction in legal contexts has recently been carried out with particular regard to witness testimony and cross-examination in international commercial arbitration within the processes of arbitral hearings and the writing of minutes.
      To the best of my knowledge, to date there has never been an investigation on plain language in arbitral memories across national and professional cultures. Therefore, by carrying out a comparative analysis of the written evidence presented in two arbitral processes, this paper tries to evaluate the degree of influence that different legal cultures may exert on the type of language used in written arbitration evidence. The main objective is to offer insights into some instances of arbitration proceedings and their development within their British and Italian contexts.

Please sign in to access the article



Did you receive an activation code but no access yet? Please activate your code here.

Forgot your password? Request new password.

Purchase access

You can purchase online access to this article. You will receive 24 hrs access @ € 17,50 (excl. VAT).

24 hrs access € 17,50 (excl. VAT)

Activate your code

If you have an access code, please activate it here.