The multilingual character of international disputes means that underlying legal and factual documentation is often in a language different from that chosen for the proceedings. It also means that the linguistic capabilities of adjudicators, counsel, and witnesses and experts often do not perfectly align with the language of the proceeding.
As a result, translation and interpretation have a central role in the systemic operation of international dispute resolution. The outcome of translation and interpretation exercises can also have a decisive impact on the resolution of specific issues in a proceeding or even the outcome of a dispute. For example, in the context of international investment arbitration, tribunals have relied on expert testimony to reach diametrically opposed views on translations and linguistic issues that have resulted in conflicting decisions regarding the same treaty language. Likewise, simultaneous interpretation of witness testimony during hearings can result in key factual aspects of a dispute being “lost in translation.”
This panel brings together a collection of leading practitioners, adjudicators, academics, and institutional representatives to discuss these and other issues raised by translation and interpretation and their impact on the functioning of international dispute settlement.
Meet the Panelists
- Ben Love, Moderator Partner, Boies Schiller Flexner LLP
- Marcelo Kohen Professor, Graduate Institute of International and Developmental Studies
- Natalí Sequeira Team Leader and Legal Counsel, ICSID
- Lindsay Gastrell Senior Counsel, Arbitration Chambers
- Simon Batifort Partner, Curtis Mallet-Prevost, Colt & Mosle LLP