International Commercial Arbitration: Why Legal Translators Are Key to Success

Barbara J Macon, Esq. | Transjuridique | May 2025

Understanding International Arbitration

International commercial arbitration has become the preferred method of resolving cross-border disputes for many businesses. It offers flexibility, neutrality, confidentiality, and, importantly, the ability to enforce an arbitral award in nearly 170 countries under the 1958 New York Convention.

But for arbitration to work efficiently across borders, legal communication must be precise, reliable, and fluid. This is where the legal translator plays a crucial—yet often underestimated—role.

Why Global Businesses Choose Arbitration

• Confidential proceedings

• Use of a neutral language

• Arbitral awards enforceable internationally

• Faster timelines than traditional litigation

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Language Challenges in Arbitration

• Contract language may differ from the language of the proceedings

• Legal concepts often lack direct equivalents across jurisdictions

• Source documents originate from different legal systems

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The Arbitration Clause: A Matter of Legal Precision

A poorly drafted or mistranslated arbitration clause can create serious uncertainty about:

• The arbitral tribunal's jurisdiction

• The applicable law

• The seat and language of arbitration

• Whether mutual consent exists

When clauses are drafted in multiple languages, discrepancies can lead to divergent interpretations—or even nullity. A legal translator ensures that each version faithfully reflects the parties’ intent, using functionally equivalent legal terminology.

The Translator's Role Throughout the Arbitration Process

1. Initiating the Proceedings

• Translation of the request for arbitration, response, and contract exhibits

• Compliant translations for international service and notification

2. Written Submissions

• Translating or reviewing briefs (claim, defense, reply, rejoinder)

• Translating supporting documents such as contracts, correspondence, and expert reports

• Ensuring consistent legal terminology across the record

• Controlled use of tools like Trados or DeepL, always subject to human post-editing

3. Hearings

• Coordinating with legal interpreters

• Translating presentations, demonstratives, and witness statements

4. The Arbitral Award

• Translation for enforcement abroad

• Internal or regulatory communication

• Filing with a national court

In some jurisdictions, the translation must be sworn or certified.

Legal Translation: Beyond Language

Legal translation in arbitration requires more than linguistic fluency. It involves conveying legal reasoning between systems of law. The translator must:

• Understand both source and target legal systems

• Ensure functional rather than literal equivalence

• Convey legal concepts with accuracy and nuance

Terms like waiver or estoppel cannot simply be translated word-for-word. The translator trained in comparative law will render the full legal meaning.

Institutional and Jurisdictional Requirements

Arbitral institutions typically allow parties to choose the language of proceedings. However, they may also:

• Require certified translations

• Mandate translation of the arbitral award

• Recommend using approved legal translators

National jurisdictions may further require:

• Sworn translations (France)

• Certified translations (United States)

• Apostilles for international enforcement

A qualified legal translator anticipates and addresses these regulatory needs.

Computer-Assisted and Machine Translation: Know the Limits

While tools such as Trados and DeepL are increasingly used, they carry significant risks in legal contexts:

• Potential misinterpretation of legal meaning

• Overly literal translations that distort nuance

• Terminological inconsistencies

Post-editing by a trained legal translator is essential to ensure legal reliability and clarity.

Best Practices for Legal Teams

• Involve legal translators early in the contract process

• Carefully align multilingual versions of the arbitration clause

• Check the institution’s linguistic requirements

• Plan for necessary certified or sworn translations

• Avoid relying solely on machine translation

  
  

Conclusion

In international arbitration, law and language are inseparable. A mistranslation can delay the process, weaken legal arguments, or compromise enforcement. The legal translator is not a peripheral service provider—they are a strategic contributor to the arbitration process.

Trained in law and international practice, the legal translator ensures clarity, consistency, and legal security from start to finish.

Author: Barbara J Macon

Article revised: February 2025

Need a legal translator for your arbitration?

Contact: barbara@transjuridique.com

Visit: www.transjuridique.com

Transjuridique – Precise, legally sound French–English legal translations, based in Paris.