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

Alpha Chemicals and Beta Solvents had no agreement on the language of arbitration. The claimant's counsel argues that the language must be that of the contract, English. What is the position?

The arbitral tribunal determines the language or languages. Parties are free to agree on language, but failing agreement the tribunal decides. It is not fixed automatically by the contract's language, the claimant's state, a court, or the respondent's preference.

  1. AThe arbitral tribunal determines the language or languages to be usedCorrect
  2. BThe language is automatically that of the claimant's state
  3. CThe court must fix the language before proceedings start
  4. DThe respondent's choice prevails

Explanation

Section 22(2) states that failing agreement under sub-section (1), the arbitral tribunal shall determine the language or languages for the proceedings. Nothing makes the contract language binding automatically.

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