Language and Translation in International Commercial Arbitration: From the Constitution of the Arbitral Tribunal Through Recognition and Enforcement P

ISBN-13: 9789067042338 / Angielski / Twarda / 2007 / 308 str.

Tibor Varady

Opis

Anyone who has acted as arbitrator or counsel in an arbitration in which more than one language was used, sat as judge on an international court that had more than one working language, or served on a drafting committee of a multi language treaty knows how many unexpected complications, both procedural and substantive, the 'language issue' can create. And the problems that arise in that context are not limited to those that relate to the choice of the most appro priate translation of a particular word or that arise from a later discovered trans lation error. Although finding the most appropriate translation for a given word or phrase to be used when drafting legal documents intended to be equally au thentic, for example, is by no means always an easy matter. Language issues can present innumerable more serious types of problems depending on a par ticular legal setting; they can also have unforeseen and costly consequences. In this thoroughly researched and carefully structured book, Professor Tibor Varady focuses on the variety oflanguage 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 arbi trators and counsel to anticipate and resolve these problems. The result is, to my knowledge, the first book-length monograph on the subject that addresses all language issues likely to arise in international commercial arbitrations."

Spis treści

Notions and Concepts.- Language Issues and Language-Related Srategies Prior to the Constitution of the Arbitral Tribunal.- Determining the Language of Arbitration and Ordering Translation by the Arbitrators After the Constitution of the Arbitral Tribunal.- Translation in International Arbitration Proceedings.- Language and Translation in Post-Award Court Proceedings.

Blurb

With a foreword by Judge Thomas Buergenthal, International Court of Justice

 

The present book is the first book-length monograph addressing practically all language issues likely to arise throughout the arbitration process and post-arbitration proceedings.

 

International Commercial Arbitration is a transcultural venture and the need to bridge language differences is a part of the process. There are more and more cases in which procedural or alleged procedural deficiencies pertaining to language emerge as an issue with unforeseen and costly consequences.

 

The author presents a comprehensive survey of questions related to language and translation in (post-)arbitral proceedings. The issues are systematized and answers to the questions are suggested and analyzed, relying primarily on arbitration and court cases, international agreements, statutes and institutional rules. As such, it allows the  reader to find answers to specific questions, and also offers a distinctive comparative survey. The book provides guidance to both arbitrators and parties to arbitration as well as to judges and other participants in post-award proceedings.

 

Tibor Varady is a Professor of Law at the Central European University, Budapest, and Emory University School of Law, Atlanta. He has been an arbitrator in no less than 200 cases. Professor Várady has been on the list of arbitrators of eight arbitral institutions in Europe, Africa and Asia.