Dias Simões, Fernando, The Language of International Arbitration (2017). Conflict Resolution Quarterly, available online 9 January 2017, DOI: 10.1002/crq.21191.

The Language of International Arbitration

Fernando Dias Simões

Abstract

Settling international disputes is a cultural and legal challenge. The first barrier that needs to be overcome is that of language. Parties, lawyers, and arbitrators frequently speak different languages or do not have the same level of proficiency in the same idiom. Determining what language or languages shall be used in international arbitration is decisive on three dimensions: party equality, the composition of the arbitral tribunal, and the interaction with national courts. This article examines several tools that disputing parties can adopt in order to overcome the problems stemming from linguistic diversity in international arbitration.
Full Paper
Fernando Dias Simões
Senior Research Associate

Professor Dias Simões is Associate Professor at the Faculty of Law of the Chinese University of Hong Kong (Hong Kong, China)

Summary

Settling international disputes is a cultural and legal challenge. The first barrier that needs to be overcome is that of language. Parties, lawyers, and arbitrators frequently speak different languages or do not have the same level of proficiency in the same idiom. Determining what language or languages shall be used in international arbitration is decisive on three dimensions: party equality, the composition of the arbitral tribunal, and the interaction with national courts. This article examines several tools that disputing parties can adopt in order to overcome the problems stemming from linguistic diversity in international arbitration.

glawcal comments

articles

Public Ownership and the WTO in a Post Covid-19 Era: From Trade Disputes To a ‘Social’ Function
Trade in Electricity under WTO and EAEU Law: Compatibility of Two Legal Regimes
An approximation to the Asian Infrastructure Investment Bank from the perspective of the Chinese foreign policy
Neoprotectionism and the geography of the world market
The Chinese Economic Competition and the WTO
China and WTO: Chinese Cultural Traditions in the WTO Context
The Language of International Arbitration
Amicus Curiae in the Trans-Pacific Partnership
Myopic Amici? The Participation of Non-Disputing Parties in ICSID Arbitration
Friends with Benefits? Amicus Curiae in the TPP Investor-State Dispute Settlement Mechanism
A Dispute Resolution Centre for the BRICS?
The European Parliament's Oversight Powers Over Trade and Investment Negotiations
Foreword to Margeret Stout & Jeannine M. Love, A Radically Democratic Response to Global Governance. Dystopian Utopias
Global Energy Governance, International Environmental Law and Regional Dimension

Our events

Liberalism And Ecology In The Anthropocene

Emerging Technologies, Law and Policies: Telematics, Insurance, and Road Safety

The Crisis of Multilateral International Order: Causes, Dynamics and Consequences

China's Belt and Road Initiative and Geopolitics in Eurasia: Cooperation in Energy, Infrastructures and Sustainable Development and the Role of the Chinese SOEs and the WTO

Our concerns

The growth in green energy investments worldwide is an important reality and rising trends are to be expected in the future. When designing the proper policy agenda for renewable energy investments, we must take into consideration the legal, regulatory and political frameworks in both developing and developed countries. gLAWcal aims at analyzing national approaches on the matter, combining scientific, social and economic considerations. At the same time, it wishes to develop partnerships among European and non-European institutions, so as to deliver an integrated approach on sustainable energy investments, combining global and local perspectives.
The need to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or adversely affect the international transfer of technology are topical issues that affects international relations. It is crucial for developing countries to achieve a substantive degree of IPR protection, not only for the promotion of creativity and innovation, but also for the maximization of technology transfer from developed countries. gLAWcal examines IPR regimes and their impact on competition with the objective of providing a better understanding of the competition-dimension of IP rights. Intellectual property rights are also extremely crucial to sustainable development in manifold ways, from the protection of traditional knowledge and cultural products, to access to essential medicines. Our organization focuses on the policy frameworks and institutions shaping debate and policy development in this sector.
In the last fifteen years, all around the world there has been a tendency to put much hope in the rise of civil society, its emergence being welcomed as a sign of progress towards a more democratic system. Many places in the world are today laboratories for change thanks to bottom-up movements supported by civil society organizations. By looking at contentious politics and how they converge and interact with institutional politics, we can better understand what directions a country’s political system and its governance is taking. gLAWcal supports collective forms of actions aimed at the creation of better societies, on many social issues, and in various geographical areas.
Improvements in people’s economic wellbeing have increased citizen demands for a cleaner environment. As societies undergo the transition to industrial development and modernity, their citizens begin to concern themselves with needs and wants beyond the material, including the protection of the environment. However, growing levels of environmental consciousness and awareness are often not matched by proper environmental legislation enforcement at the local level. gLAWcal looks at environmental rights developments in developing countries, and aims at delivering policy advices and capacity building support in areas where law implementation is lacking. With this purpose, our organization seeks to improve environmental protection not only for the benefit of the populations directly affected, but also for the sake of the entire planet.
Globalization, and the consequent international exchange of goods, services, cultures, ideas, has brought increased wealth for many on the one hand, while exerting pressure on core societal values both in developed and developing countries on the other hand. Public opinion and policy makers have warned against the threat posed by international trade and liberalization to policies and measures meant to protect the so-called non-trade concerns (NTC), such as environmental protection, sustainable development, good governance, cultural rights, labour rights, public health, social welfare, national security, food safety, access to knowledge, consumer interests and animal welfare.When trying to protect these issues, developed countries have put into place trade measures that have encountered resistance or dissent in developing countries, being perceived as protectionist actions or as an attempt by the importing countries to impose their social, ethical and cultural values on exporting countries.The challenge of integrating Non-Trade Concerns embodies the willingness to overcome national egoisms and embrace universally a number of fundamental values, creating an ethical and juridical platform to win over cultural differences and issues of national sovereignty. gLAWcal’s research aims at identifying ways to protect NTC within international economic law. By shedding new light on developing countries’ trends towards inclusion of NTC in the domestic and international arena, gLAWcal provides a comprehensive perspective on law enforcement, creating a bridge between the international and the domestic realities.
Follow us

Stay tuned for news on sustainable development, environment and climate change, international trade and human rights, Chinese issues and much more!

Contact us
gLAWCAL VIEW

A monthly newsletter of the best gLAWCAL publications.

Privacy Policy
Copyright © gLAWcal
Designed by D&F