Section 22: Arbitration and Conciliation Act, 1996
By Nivedita Dhiman
Table of Contents
Introduction of Section 22
Section 22 of this act talks about the language of arbitral proceedings in India. This section allows parties to decide on an appropriate language subsequently enhancing the fairness and efficiency of the whole process. When the parties could not arrive on a decision, the arbitral tribunal comes and make suitable decisions that caters to the interests of both the parties. The parties are free to agree upon the languages which will be used in the arbitral proceedings.
Section 22 of arbitration and conciliation act
Language
(1) The parties are free to agree upon the language or languages to be used in the arbitral proceedings.
(2) Failing any agreement referred to in sub-section (1), the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings.
(3) The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing and any arbitral award, decision or other communication by the arbitral tribunal.
(4) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
Determination by arbitral tribunal
In this section, the choice of the language in which the arbitral proceedings shall be conducted is decides by the agreement between the parties. In case the parties do not agree upon a language, arbitral tribunal will make decision for both the parties for all intents and purposes, be the language or languages in which the written statement shall be filed by a party.
It is clear that if the parties deviate from the decision given by the arbitral tribunal, in the absence of any agreement between the parties, on the choice of the language or languages in which the arbitral proceedings may be conducted, that is not permissible.
Translation of documents
Translation of documents ensures that all the parties and arbitral tribunal can understand the contents of the submitted documents. In case the document is in a language different from the one agreed to between the parties, or in an event of disagreement, by the arbitral tribunal, then all the proceedings, communications, directions shall be made in that particular language.
Any document which is not in the language or languages adopted for arbitral proceedings, cannot be taken on record in the absence of a translated copy thereof. The choice of a language can lead to the costs and duration of the process of arbitration. Both time and costs can increase, if the translations are required in all the documents. The parties and tribunals consider the above-mentioned factors whenever decision on the language is made.
Conclusion
The determination of the language or languages of the arbitral proceedings involved the display of matter of principle and a matter of practicality. The flexibility and and clarity are essential, especially in international arbitrations where parties come from diverse linguistic and legal backgrounds. Section 22 becomes significant as it allows the selection of a particular language hence facilitating smooth and coherent proceedings.
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