Question

The language which is to be used in the arbitral proceedings is decided by

• A. The Tribunal
• B. Parties to decide by mutual understanding
• C. The petitioner
• D. The Defendant

Hint:

Remember the golden rule of arbitration: Party Autonomy First. For most procedural questions in arbitration (place of arbitration, language, applicable law, number of arbitrators), the first answer is always "whatever the parties agree upon." The tribunal's power is usually a default power that applies only when the parties have not agreed.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks who determines the language to be used in arbitration proceedings under the Arbitration and Conciliation Act, 1996.

Step 2: Detailed Explanation:
The principle of party autonomy is central to arbitration. This means the parties have the freedom to decide many aspects of the procedure.
Section 22 of the Arbitration and Conciliation Act, 1996, is titled "Language."
- Section 22(1) states: "The parties are free to agree upon the language or languages to be used in the arbitral proceedings."
This gives the primary power to the parties to decide by mutual agreement.
- Section 22(2) provides a default rule: "Failing any such agreement, the arbitral tribunal shall determine the language or languages to be used in the arbitral proceedings."
So, the power first rests with the parties. Only if they fail to agree does the power shift to the arbitral tribunal. The petitioner or defendant alone cannot decide.
Given the options, option (B) represents the primary rule and the first choice under the Act.

Step 3: Final Answer:
The language to be used in arbitral proceedings is primarily decided by the parties through mutual understanding.