CIArb AWARD WRITING TECHNIQUES: LANGUAGE USE IN ARBITRATION
When an arbitration agreement did not specifically spelt out the language use in the arbitration, party may mount a challenge on this aspect:
Language Use in the Arbitration
[i] Art.18ML, “The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.”
[iii] Some jurisdiction recognised that the language use in the arbitration shall also be the language use in the contract, i.e. Art.20 International Chamber of Commerce Arbitration Rules ICC, “in the absence of agreement by the parties, the arbitrators should give ‘due regard’ to all relevant circumstances, including the language of the contract" and Art.18 Rules of the International Centre for Dispute Resolution Arbitration Rules ICDR, "the language (s) of the arbitration shall be the language(s) of the documents containing the arbitration agreement, subject to the power of the arbitral tribunal to determine otherwise."
[iv] Art.19(1) UNCITRAL Rules 2010, “Subject to an agreement by the parties, the arbitral tribunal shall, promptly after its appointment, determine the language or languages to be used in the proceedings.”
AWARD WRITING BLOG FOR ARBITRATION
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