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.
Scope of Section 22 of Arbitration and Conciliation Act, 1996
Language to be used in Arbitral Proceedings in India
Section 22 of the Act deals with the language which can be used during the arbitral proceedings. The disputing parties to the agreement containing arbitration clause are free to choose the particular language or more than one language which can be used in the arbitral proceedings.
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.
Once the decision on the language is arrived, the Tribunal it may order that any documentary evidence shall be accompanied by a translation into the language agreed. The arbitral tribunal must ensure that in every case and proceedings all the parties are able to follow and understand the proceedings.
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.
