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Russia flagKatherine Cherry
Task in law (2) Similar provisions are found in Article 22 of the Law on International Commercial Arbitration. If the parties to the contract when negotiating arbitration clauses specify the language that they will understand the dispute, the arbitral tribunal will hear the case on the parties agreed language. In this case, as described above , the interpretation of legal terms used in the contract, shall be provided by applicable law.The court may require that the documentary evidence (such as a contract , and will be) accompanied by a translation in the language agreed by the parties. In this case, the contract or other written documents will be accompanied by the necessary translation. The same applies to cases where the parties have not specified the language of proceedings, with the concurrence of the conditions of arbitration. The court will determine the language of the proceedings and may subsequently require the submission of documents translated into the language determined by the court. The problem indicates that the parties as the applicable law is chosen, the Japanese right. does not follow from the problem that when negotiating the terms of the applicable law have taken place will the vices of any of the parties . During the proceedings, the arbitral tribunal the parties had doubts about the interpretation of one of the items of the contract, and at the same time in the problem does not say that the controversial point concerned the applicable law . Therefore, in my opinion, the Court should not raise doubts as to the applicable law. So, no need to determine the applicable law on the basis of the conflict rules. The language of the proceedings will be determined based on whether his hand pointed at the coordination of the arbitration clause; or the language of the proceedings the court determines itself. No matter what language will hear the case and in what language will be presented documentary evidence, legal concepts concerning which doubt, should be interpreted according to the applicable law. That is to say, in English or Japanese, in terms of the content of Japanese law.

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