|
Language and Translation in International Commercial Arbitration
By
Tibor Várady
Description
While the
significance of international commercial arbitration is constantly
growing, there are still some problems which are being regularly
encountered but which have not been sufficiently researched. This is
the case with problems pertaining to language and translation.
International commercial arbitration is a trans-cultural venture, and
the need to bridge language differences is a part of the process.
Post-award court proceedings must also meet language-related
challenges. Language and translation represent an important
consideration in shaping strategies by both the parties and the
arbitrators. In almost every case decisions regarding language and/or
translation have to be made, and there are more and more cases in
which alleged procedural deficiencies pertaining to language emerge
as an issue in arbitration or post-arbitration court proceedings.
This book offers the first comprehensive survey of how language and
translation and the arbitration process are connected. Solutions are
also suggested and analyzed.
• Provides
new information and analysis relevant to practitioners, scholars and
students • Allows reader to find an answer to specific
questions, and also offers a distinctive comparative survey •
Provides guidance to both arbitrators and parties to arbitration as
well as to judges and other participants of post-award court
proceedings
Contents
1. Notions and
concepts; 2. Language issues and language-related strategies prior to
the constitution of the arbitral tribunal; 3. Determining the
language of arbitration and ordering translation by the arbitrators
after the constitution of the Arbitral Tribunal; 4. Translation in
international arbitration proceedings; 5. Language and Translation in
post-award court proceedings.
Review
In this thoroughly
researched and carefully structured book, Professor Tibor Várady
focuses on the variety of language issues that can arise at different
stages of international commercial arbitration proceedings. He also
proposes sound and creative solutions designed to help the parties to
the proceedings, their arbitrators and counsel to anticipate and
resolve these problems.\\\' From the Foreword by Judge Thomas
Buergenthal, International Court of Justice
|