The hidden power of language выбор языка в международном арбитраже. Исследование HKIAC на ICCA 2024

Ғылым және технология

only be able to highlight a few key observations otherwise I wouldn't be able to pause or I would have to move as a fully train uh there are many other interesting details which we hope we are going to present in the post Congress publication so now look into the survey uh as M just mentioned uh the survey has been helpfully sent by HKC to its arbitrators on the panel on the list who indicate that they can handle arbitraiton both in English and Chinese luckily we received 70 responses so we first look at their native language over five 50% say that their native language is Chinese about 30% are native English speakers 10% say that they're native in both English and Chinese and there are also a few who said that their native language is actually a c language and this percentage uh compensation is broadly consistent with what we observe here in real life experiences most of our questions are designed around two scenarios scenario one is what we call formal bilingual arbitration that is where the arbitration agreement or the procedure order provides that the official or procedure language of options both English and Chinese as s has just mentioned according statistics in recent years roughly I think between two and 5% of the cases are of this type scenario two - is what we call informally bilingual arbitration - that is where even though the agreement provides for only one preferred language most often English but there lot of evidence or Witnesses are giving their evidence in Chinese although there's no official statistics but in our experiences scenario 2 is much more often seen in real life than scenario one so just to one up look at some of the um high level um point the first group of questions are around witness statements and expert report we ask the respondents whether they are presented in a winess statement or expert report which is written in one language but with translation into another language which language version will have more impact on them uh one thing to not is that in question in the question for scenario one we doesn't spe specify uh the original language in which the statement or the report is written that probably explain why most of the uh respondents say that uh there also will be Depend and depends on the original language and in question two having more specific we say that an original language of the statement or uh report is Chinese and English translation is provided and in this scenario more than half of the respondents say that they would be more influenced by the original Chinese
version and the pattern of different native language groups are also different those whose native language is or includes Chinese clearly gives more weight to the original Chinese version which is not
surprising similarly we also look at the same question for documentary exhibits and the P the pattern of the answers is broadly similar to the first group questions on win sement or expert report but one thing to one notable difference is that under scenario
two more native English speakers as compared with um the question dealing with wi statement or expert report say that they are more willing to give higher weight to the original Chinese version instead of the English

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