What is the Language of Arbitration
The relevant provision of Law which governs the Language is enshrined in Section 22 of Arbitration and Conciliation Act, 1996.
CHAPTER V
Conduct Of Arbitral Proceedings
Section 22. 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.
Arbitration in Hindi and other vernacular Languages
Plain reading of this provision shows that the Disputing Parties are free to chose the Language which for that matter can be Hindi or ever any other vernacular Language.
In a situation where the disputing parties fail to arrive at a consensus, the arbitral tribunal has to determine the language or languages which have to be used in the arbitral proceedings. The chosen or agreed language would also apply to any written statement by a party, hearings during the Arbitration and the arbitral award, decision or other communications issued by the arbitral tribunal.
However where the Parties chosing to Arbitrate in Hindi they shall keep in mind that in case the Objection Petition under Section 34 of Arbitration and Conciliation Act, 1996 is filed it may be heard in Hindi as per State District Court language practice but further challenges before High Court or Supreme Court shall definitely shall have to be in English and in that case Translation of entire Arbitral Record into English would entail monetary cost.
IDRC e-Arbitration
Business Friendly
Helps the parties resolve disputes without sacrificing the business relationship
Cost-efficient
By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on litigation
Enforceable
The arbitral award is enforceable as a decree
Fast
A IDRC e-Arbitration is completed within prescribed time.
Paperless
The entire arbitration process is completed without a piece of paper being used.
IDRC e-Mediation
Business Friendly
Helps the parties resolve disputes without sacrificing the business relationship
Cost-efficient
By a speedy resolution the parties can focus on profitable business activities rather than spending time and money on dispute resolution
Fast
A IDRC e-Mediation is usually completed within a prescribed time.
Flexible
The parties are actively in control of the dispute resolution process.
Paperless
The entire mediation process is completed without a piece of paper being used.
