Conduct of Arbitral Proceeding: Section 22 of Arbitration and Conciliation Act | Law Optional Notes for UPSC PDF Download

Section 22 of Arbitration and Conciliation Act - Language

Statement

Section 22 of the Arbitration and Conciliation Act emphasizes the importance of language in arbitral proceedings, outlining the following key points:

• The parties involved have the freedom to mutually decide on the language(s) to be used during the arbitration process.
• If there is no agreement regarding the language(s) to be used, the arbitral tribunal is responsible for determining the appropriate language(s) for the proceedings.
• Any agreement or decision made regarding the language(s) will apply to written statements, hearings, and any communications or awards issued by the tribunal unless stated otherwise.
• The tribunal has the authority to require that any documentary evidence be translated into the agreed-upon language(s) by the parties or as determined by the tribunal.

Parties to Decide

• The decision regarding the venue and language of proceedings should be determined by the parties involved. This provision is necessary due to parties speaking different languages and participants coming from various regions of the country.
• The language for conducting the arbitral proceedings should be decided by mutual agreement between the parties. If there's no agreement, the arbitral tribunal will decide the language(s) in which the written statement should be submitted by a party. Any attempt to submit communication in a language other than the agreed-upon one may not be accepted by the arbitral tribunal.