(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 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.
Legal Commentary & Landmark Judgments: Section 22
Section 22 of the Arbitration and Conciliation Act, 1996 grants parties the autonomy to determine the language or languages to be used in arbitral proceedings, and empowers the tribunal to order translations of documentary evidence.
Specify English as the official language of arbitration in the agreement; if documentary exhibits contain vernacular lease deeds or municipal permits, ensure certified English translations are prepared and submitted under Section 22(2).