September 12, 2025

The Language of the Arbitration as a Ground for Annulment of an Arbitration Award

Key Points

An arbitration award may be annulled if conducted in a language not agreed upon by the parties, highlighting legal implications on fairness.
Judicial control exists over arbitration awards, with language violations forming one critical ground for annulment.
The analysis focuses on how parties establish the arbitration language, emphasizing its role in ensuring understanding and rights realization.
Ensuring mutual comprehension of the arbitration language is essential for legitimate communication between parties during the proceedings.

Abstract

As a rule, the arbitration procedure is a one-step procedure. However, this does not mean that there is no judicial control of the arbitration award. The judicial control of the domestic arbitration award is achieved by filing a complaint (lawsuit) for annulment of the arbitration award. One of the reasons for filing a complaint to annul the arbitration award is if the arbitration procedure was conducted in a language that the parties did not agree on in the arbitration agreement. Precisely because of this, the subject of analysis of this paper is the way in which the parties determine the language in which the arbitration procedure will be conducted, as well as the possibility of annulling the arbitration award if during the arbitration procedure there is a violation of the rules on the language of the arbitration. The rules on the language of the arbitration are wery important question because language is a symbolic system of communication between parties in arbitration proceedings. The parties must equally know and understand the language in which the procedure is conducted to be able, from the content aspect, to realize their rights and interests in the arbitration procedure.

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