The present study deals with language issues and language related strategies in international commercial arbitration, focusing on the time period prior to the constitution of the arbitral tribunal. The issue of language becomes a part of party strategies, and it is also one of the questions which needs to be heeded in order to establish efficient arbitration. The first part of the study deals with choice made by the parties, strategic considerations behind such a choice, and consequences of a choice made. Consequences are scrutinized regarding both the parties and the arbitrators. Attention is also devoted to the interrelation between choice of language and choice of law. The second section deals with situations where the parties have failed to make a choice. In this situation the parties and the arbitrators have no firm guidance, but they may have some points of support on the grounds of which they may anticipate the language of the proceedings, and may prepare for the arbitration proceedings. The third part of the study deals with various facets of language issues emerging in court proceedings in assistance of starting arbitration. The question is raised whether the judges who are appointing arbitrators could and should verify the language abilities of the prospective arbitrators.
Arnold, T. 2000. Checklist of Arbitration Considerations, in Patents, Copyrights, Trademarks, and Literary Property Course Handbook Series. New York: Practicing Law Institute.
Garzone, G. 2003. Arbitration Rules across Legal Cultures: An Intercultural Approach. In: Bhatia, V, Candlin, Ch. & Gotti, M. (eds.) Legal Discourse in Multilingual and Multicultural Contexts. Bern: Peter Lang. 177-220.
Arbitration Rules across Legal Cultures: An Intercultural Approach, () 177-220.
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