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Part III The Initiation of the Arbitration and the Identification and Clarification of the Issues Presented, Ch.9 The Choice of Language

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

In international arbitration, the parties and other persons involved, such as arbitrators, witnesses and experts, may come from different linguistic backgrounds. Priority given to one language may present issues of fairness, while the right of all involved to operate in their own language can lead to inefficiency and delay. The choice of language of the proceedings, not surprisingly, presents issues addressed by the UNCITRAL Rules —in particular by Article 17(1). Article 17(1) contains the general provisions on determining the language for oral proceedings and written statements. Article 17(2) supplements these requirements with provisions on determining the translation of annexes and comparable supporting documents.

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