Linguistic and Language Issues in International Arbitration ─ Problems, Pitfalls and Paranoia
Contemporary Asia Arbitration Journal, Vol. 9, No. 2, pp. 159-196, November 2016
38 Pages Posted: 3 Dec 2016
Date Written: November 30, 2016
This paper deals with challenges in international arbitration that are caused by linguistic and language issues. The author starts on the presumption that English is the lingua franca of international arbitration. The author describes potential problems and pitfalls, and, in particular, warns native English speakers to neither ignore these issues nor exaggerate them. The author also describes some inadequate attitudes for dealing with these issues. He encourages non-native English speakers to not accept being marginalized because of supposed language disadvantages. In reality, only a multi-lingual and multi-cultural approach is successful, as the author tries to demonstrate.
Keywords: ambush of witnesses, authentic versions, BREXIT, bullying of witnesses, credibility, cross-examination, cultural sensitivity, culture, global English, Globish, lingua franca, linguistics, Monoglots, Monolingual, tactical maneuvering, pathological translation, trap of hidden meaning, World English
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