Part I Commentary on the ICDR International Rules, 18 Article 18—Language of Arbitration
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
This chapter focuses on Article 18 of the ICDR Rules, which provides for the language of arbitration. Article 18 recognizes as binding the parties’ agreement—in the arbitration clause or otherwise—on a particular language in which the arbitration shall be conducted. However, where the parties have not specified the language of the arbitration, Article 18 provides that the language of the documents that contain the arbitration agreement is determinative of the language of the proceedings. Article 18 also permits the arbitrators to determine the language of the arbitration, recognizing that it may be appropriate, in some cases, to conduct the arbitration in more than one language. For example, it is not uncommon to require the parties to make submissions in one language, but to allow them to produce documents or witness statements in other languages without having to provide a translation.