How Legal Translation Shapes International Arbitration Outcomes

International arbitration has become the preferred method of resolving cross-border commercial disputes.

As global transactions grow more complex, so does the need for precise and reliable legal translation.

In multilingual proceedings, the accuracy of translated documents can directly influence the outcome of a case — sometimes even determining whether a party wins or loses.

Legal translation is no longer a background task; it is an integral component of procedural fairness and a foundation for maintaining the principle of due process.

In arbitration, multiple parties, jurisdictions, and governing laws converge.

Key documents — contracts, witness statements, procedural orders, and arbitral awards — must often be translated into a common procedural language, typically English.

Every phrase matters.

A mistranslated clause in a contract or an ambiguous statement in a witness deposition can alter the interpretation of obligations under the applicable law.

For example, in one ICC case involving a joint venture agreement, the translation of the term “best efforts” as “reasonable efforts” in the target language narrowed the scope of one party’s obligation — a nuance that ultimately affected the tribunal’s decision.

In investment arbitration under the ICSID framework, translation challenges frequently arise when evidence is produced in multiple languages.

In a notable case between a European investor and a Latin American state, the tribunal noted discrepancies between the Spanish and English versions of government decrees.

While the state’s counsel relied on the local-language text, the claimant cited the English translation — which slightly shifted the legal interpretation of “expropriation without compensation.”

Ultimately, the tribunal had to appoint court-certified translators to provide a neutral reference version.

The cost and delay reinforced one critical lesson:

In an ICC arbitration seated in Paris, the arbitral tribunal faced a dispute over procedural deadlines that stemmed from translation timing.

One party claimed that the translation of a procedural order was delayed by several days, impacting its ability to respond.

The tribunal acknowledged that translation logistics — particularly when hundreds of pages must be translated across multiple languages — can affect the fairness of proceedings.

Since then, many arbitration institutions have incorporated clear language and translation management clauses into procedural timetables.

Legal translators are not simply linguists; they are guardians of meaning.

In arbitration, they ensure that every participant — regardless of language — has equal access to justice.

Modern arbitration teams increasingly include:

The emergence of AI-assisted translation has improved efficiency, but human oversight remains essential.

As one LCIA tribunal noted:

Translation errors can have significant procedural and financial consequences.

A recent SIAC case saw a party file for reconsideration after discovering that a single word in the translated version of an award changed the scope of enforcement under the New York Convention.

These cases emphasize the need for:

In international arbitration, legal translation is more than a technical step — it is a bridge between legal systems, cultures, and rights.

Precision, neutrality, and cultural awareness are the hallmarks of justice in a multilingual world.

The best arbitration outcomes are not only decided by law — but by the clarity and accuracy with which that law is understood.