Witness examination as interdiscursive practice  

Oleh:

Bhatia, Vijay K.

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: World Englishes (Full Text) vol. 30 no. 1 (Mar. 2011), page 106-116.
Fulltext: p. 106-116.pdf (125.72KB)

Isi artikel

International commercial arbitration offers an interesting site for the study of witness examination as an interdiscursive phenomenon across professional, jurisdictional, linguistic and cultural boundaries. It is contentious not only because it is shared across two rather distinct practices, namely, litigation and arbitration, bringing together international participants, particularly stakeholders who carry their individual baggage in the form of different ethnic and cultural backgrounds, sometimes languages, as well as interdisciplinary expertise, but also because it is meant to integrate two distinct legal systems and cultures, namely, common law culture and the civil code culture. Drawing on a multiperspective analysis of interdiscursive aspects of witness examination practices from arbitration and litigation, an attempt will be made to identify and discuss some of the issues emerging from the hybrid nature of this legal practice, which may be seen as problematic in maintaining the integrity of arbitration practice as an alternative to litigation in international commercial contexts, though the paper is based on observations from trials conducted in English. The paper also reflects the Anglo-American domination of the legal discourse in arbitration discourse much like the Anglo-American or Inner Circle ideologies of standard language in world Englishes.

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