New book by Joanna Jemielniak on legal interpretation in arbitration – University of Copenhagen

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07 February 2014

New book by Joanna Jemielniak on legal interpretation in arbitration

Legal Interpretation in International Commercial ArbitrationThis book fills a gap in legal academic study and practice in International Commercial Arbitration (ICA) by offering an in-depth analysis on legal discourse and interpretation. Written by a specialist in international business law, arbitration and legal theory, it examines the discursive framework of arbitral proceedings, through an exploration of the unique status of arbitration as a legal and semiotic phenomenon. Historical and contemporary aspects of legal discourse and interpretation are considered, as well as developments in the field of discourse analysis inICA. A section is devoted to institutional and structural determinants of legal discourse inICA, in which ad hoc and institutional forms are examined. The book also deals with functional aspects of legal interpretation in arbitral discourse, focusing on interpretative standards, methods and considerations in decision-making inICA. The comparative examinations of existing legal framework and case law reflect international nature of the subject and the book will be of value to both academic and professional readers. 

http://www.ashgate.com/isbn/9781409447191

Reviews:

It is impossible to fully understand the nature of legal interpretation in arbitration without taking into account the context, in which arbitrators operate, including their legal training, and the panoply of legal traditions they are faced with. This book successfully incorporates these elements into analysis, which makes it a truly valuable contribution to the discussion about the subject.’
Marek Safjan, Judge at the Court of Justice of the European Union, and the former President of the Constitutional Tribunal of the Republic of Poland

‘This book combines academic thinking and practical insight. This combination is particularly powerful in the section on the comparative method where the book provides guidance for different ways to use comparative analysis which has become part of the “advocacy tool kit” in international commercial arbitration. The role of comparative analysis is explained for different theoretical representations of international commercial arbitration (as an emanation of national, pluralistic or autonomous legal order). I recommend this book to legal scholars as well as practising lawyers.’
Anton K. Schnyder, Professor of University of Zurich, Switzerland