Arbitration and Conciliation Act, 1996

Section 22 - Language of Arbitral Proceedings

Section 22 of the Arbitration and Conciliation Act, 1996 deals with the language or languages to be used in arbitral proceedings. It gives priority to party autonomy and, where the parties have not agreed, authorises the arbitral tribunal to determine the language of the proceedings.

Meaning and scope of Section 22

The provision establishes a practical framework for linguistic consistency in arbitration. Its first rule is party autonomy: the parties themselves may choose one language or more than one language for the arbitral proceedings. This choice can be recorded in the arbitration agreement, terms of reference, procedural order or another agreement between the parties.

If the parties do not make that choice, Section 22 places the responsibility on the arbitral tribunal. The tribunal must then determine the language or languages that will govern the proceedings. In doing so, the tribunal can consider the circumstances of the dispute, the language of the contract and evidence, the place of arbitration, the convenience of the parties and the efficient conduct of the case.

Where the chosen language applies

Under sub-section (3), the agreed or tribunal-determined language ordinarily applies across the principal stages of the arbitration. This includes pleadings and other written statements, oral hearings, the arbitral award, decisions and communications issued by the tribunal. The parties or tribunal may, however, specify a different arrangement where appropriate.

Translation of documentary evidence

Sub-section (4) gives the arbitral tribunal discretion to require a translation of documentary evidence. This is especially relevant where contracts, correspondence, invoices, technical records or other documents are in a language different from the language fixed for the arbitration. A translation direction can help ensure that the tribunal and all parties can fairly understand and address the evidence relied upon.

Practical effect of Section 22

• Parties should preferably decide the language of arbitration in the arbitration clause or at an early procedural stage.
• If no agreement exists, the tribunal has statutory authority to determine the language.
• The language decision normally governs written submissions, hearings, awards, decisions and tribunal communications.
• Translations may be ordered for documentary evidence where necessary.
• A clear language arrangement can reduce translation disputes, delay and avoidable procedural cost.

Official statutory reference

The Arbitration and Conciliation Act, 1996 is Central Act No. 26 of 1996. Section 22 appears in Part I, Chapter V, which deals with the conduct of arbitral proceedings.