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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

A contract between Sundaram Motors Ltd and Kobe Parts Co. fixes English as the language of arbitral proceedings. Kobe Parts files a written statement and later wants Japanese-language invoices used as evidence. The tribunal issues no other direction on language. Which is correct?

The agreed English language governs written statements, hearings and the award unless otherwise specified, and the tribunal may order that the Japanese documentary evidence be accompanied by an English translation. The language of proceedings does not change because some evidence is in another language.

  1. AThe English agreement applies to written statements, hearings and the award unless otherwise specified, and the tribunal may order translation of the invoices into EnglishCorrect
  2. BThe agreement applies only to oral hearings, not to written statements or the award
  3. CThe tribunal must accept the invoices without translation because they are documents
  4. DThe tribunal must replace English with Japanese since evidence is in Japanese

Explanation

Section 22(3) applies the agreed language, unless otherwise specified, to written statements, hearings, and the award or other tribunal communication. Section 22(4) lets the tribunal order documentary evidence to be accompanied by a translation into the agreed language.

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