Language and Translation in International Commercial Arbitration: From the Constitution of the Arbitral Tribunal through Recognition and Enforcement Proceedings

by Tibor Várady

• ISBN13: 9789067042338
• ISBN10: 9067042331
• Format: Hardcover
• Copyright: 2007-01-08
• Publisher: T.M.C. Asser Press

Summary

While the significance of international commercial arbitration is constantly growing, there are still some problems which are being regularly encountered but which have not been sufficiently researched. This is the case with problems pertaining to language and translation. International commercial arbitration is a trans-cultural venture, and the need to bridge language differences is a part of the process. Post-award court proceedings must also meet language-related challenges. Language and translation represent an important consideration in shaping strategies by both the parties and the arbitrators. In almost every case decisions regarding language and/or translation have to be made, and there are more and more cases in which alleged procedural deficiencies pertaining to language emerge as an issue in arbitration or post-arbitration court proceedings. This book offers the first comprehensive survey of how language and translation and the arbitration process are connected. Solutions are also suggested and analyzed.

Table of Contents

Notions and concepts

Language issues and language-related strategies prior to the constitution of the arbitral tribunal

Determining the language of arbitration and ordering translation by the arbitrators after the constitution of the Arbitral Tribunal

Translation in international arbitration proceedings

Language and Translation in post-award court proceedings

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