Language Selection in International Commercial Arbitration

Language assessment planning should become a standard feature of prudent parties in international commercial arbitration, from pre-contract formation all the way to the enforcement of the award outside the seat. Where the parties fail to
designate a language in advance of proceedings and the matter remains contentious, the tribunal will have to choose an appropriate language for the proceedings. The law is generally clear, but problems typically arise where one or both parties perceive the existence of common agreement, or where linguistic problems give rise to procedural irregularities and prejudice the position of one of the parties in the arbitral process. Courts generally accept that poor translation of documents, as well as poor interpretation, is not by itself sufficient to annul an award, given that this befalls the responsibility of the parties. However, where one party was put in a situation where language made it impossible to enjoy fair trial guarantees, the procedure will be deemed to suffer from procedural defects.