Ecuador lost an arbitration worth two billion dollars. Partly because of translation. In the Occidental Petroleum v. Ecuador case, translators incorrectly rendered the Spanish legal term “solemnidad” (meaning “legally prescribed form”) as simply “legal requirement.” Arbitrator Brigitte Stern explicitly stated in her dissenting opinion: had the translation been accurate, the majority’s conclusions on a key issue of Ecuadorian law would have been impossible to sustain. Two billion dollars over one word. That’s not a metaphor - it’s the reality of international arbitration, where translation accuracy can decide the outcome of a case. Let’s break down how translation works at the three major arbitration institutions and what you need to know to avoid ending up in a similar situation.
International arbitration: scale and why translation is critical¶
International arbitration is a way of resolving commercial and investment disputes outside national courts. Instead of a judge - arbitrators, instead of a court - an arbitral institution. And it all operates at a massive scale.
According to ICC statistics for 2024, the International Chamber of Commerce alone received 831 new arbitration cases with a total claim value of $354 billion - an all-time record. 2,392 parties from 136 jurisdictions. And looking at all major arbitration institutions worldwide, Arbitration Lab reports a record 10,067 new cases in 2024.
Now imagine: every single one of those cases involves documents in at least two languages. Contracts, statements of claim, expert reports, tribunal decisions - all of it gets translated. One mistake in translating a legal term can flip the outcome of a case worth hundreds of millions.
As RWS notes - one of the world’s largest translation agencies:
The challenge lies not merely in converting words from one language to another, but in accurately conveying legal concepts that may exist in one legal system but not in another.
The problem isn’t translating words - it’s transferring a legal concept from one legal system to another. “Negligence” in English common law and “Fahrlässigkeit” in German civil law aren’t identical concepts, even if the dictionary shows them as translations of each other.
Language rules at the three major arbitration institutions¶
Each institution has its own rules about the language of proceedings. And these rules directly affect how many documents need translating and how.
ICC (International Chamber of Commerce)¶
Article 20 of the ICC Arbitration Rules 2021 establishes:
- If parties don’t agree on the language of arbitration, the tribunal determines it, taking into account all relevant circumstances including the language of the contract
- The tribunal may order that documents submitted in their original language be accompanied by a translation into the language of the arbitration
- This applies to the statement of claim, statement of defence, further written submissions, and the language of oral hearings
Under Article 23 (Terms of Reference), the tribunal draws up Terms of Reference - a document that fixes the language of arbitration among other things. This document is signed by both parties and the tribunal.
What languages are actually used? According to ICC’s 2024 statistics:
| Language | Share of arbitral awards |
|---|---|
| English | 77% |
| Spanish | 36 awards |
| French | 26 awards |
| Portuguese | 18 awards |
| German | 8 awards |
| Arabic, Italian, Romanian | 2 awards each |
| Bulgarian, Turkish | 1 award each |
English dominates - but that doesn’t mean the rest of the documents in a case are also in English. The contract might be in Russian, the statement of claim in German, and the expert report in French. All of it needs translating into the language of arbitration.
LCIA (London Court of International Arbitration)¶
Article 17 of the LCIA Arbitration Rules 2020 takes a different approach to the language question:
- Before the tribunal is formed, the language of arbitration is the language (or prevailing language) of the arbitration agreement in the contract
- After the tribunal is formed, the tribunal decides the language after giving parties the opportunity to comment in writing
- If a document is submitted in a language other than the language of arbitration and no translation is provided, the tribunal or Registrar may order a translation
According to the LCIA’s 2024 report: 362 new referrals, parties from 101 jurisdictions. 89% chose London as the seat, 78% chose English law as the substantive law.
Tip: if you’re working with LCIA, pay attention to the language of the arbitration clause in the contract. That language will be the language of proceedings until the tribunal is formed. If the clause is bilingual, there may be issues determining the “prevailing” language.
ICSID (International Centre for Settlement of Investment Disputes)¶
ICSID handles investor-state arbitration, and the rules are stricter:
- Official languages of ICSID: English, French, and Spanish - only three
- Parties may agree to use one or two procedural languages. If they want a non-official language, they must consult with the tribunal and the Secretary-General
- Documents in another language must be accompanied by a translation into the procedural language. Translating only the relevant part of a supporting document is sufficient, unless the tribunal orders a complete translation
- If the translation is disputed, the tribunal may order a certified translation
- If two procedural languages are selected, documents may be filed in either, but all decisions and awards must be rendered in both
According to ICSID statistics for 2024: 55 new arbitrations, including the 1,000th case in ICSID’s history. 165 countries are parties to the convention.
Notably, Ukraine is one of the leaders in investment arbitration. According to Kluwer Arbitration Blog, Ukraine has over 26 known investment arbitration cases - fourth in Europe after Spain (53), Czech Republic (41), and Poland (32).
Language rules comparison table¶
| Institution | Official languages | Who determines language | Document translation | Certified translation |
|---|---|---|---|---|
| ICC | Any (by agreement) | Tribunal | By tribunal order | As needed |
| LCIA | Language of arbitration clause | Tribunal after formation | Tribunal or Registrar | By order |
| ICSID | EN, FR, ES | Parties or tribunal | Mandatory into procedural language | If translation is disputed |
Which documents get translated in arbitration¶
The list of documents requiring translation depends on the stage of proceedings. Here’s the typical lineup:
Pre-arbitration stage¶
- Arbitration Clause - the text from the contract where parties agreed to arbitration. Often needs translation if the contract isn’t in the language of arbitration
- Request for Arbitration - filed in the language of arbitration, but attachments may be in another language
- Response - same rules apply
Main proceedings¶
- Statement of Claim and Statement of Defence - the core procedural documents
- Witness Statements - often in the witness’s native language with translation
- Expert Reports - if the expert works in a different language
- Contracts and annexes - if the contract language differs from the language of arbitration
- Corporate documents - articles of association, board minutes, registration extracts
- Financial documents - audit reports, financial statements, bank guarantees
- Correspondence - communications between parties
Enforcement of the award¶
This is a separate topic entirely. Article IV of the New York Convention - which applies in 172 states - requires that to recognize and enforce a foreign arbitral award, you must provide a translation of the award itself and the arbitration agreement. And the translation must be certified by an official or sworn translator, or by a diplomatic or consular agent.
This is a mandatory requirement. Without a properly certified translation, the court may refuse to recognize the award - and everything you won in arbitration stays on paper. Read more about how certified translation works in different countries in our separate article.
How much does arbitration translation cost¶
Translation for arbitration isn’t your standard document translation. You’re dealing with specialized legal terminology, critical accuracy requirements, and large volumes. Prices reflect that.
Written translation¶
| Document type | Price per word (EUR) | Price per page (EUR) | Notes |
|---|---|---|---|
| Arbitral award | 0.20-0.40 | 50-100 | Legal specialization required |
| Statement of claim / defence | 0.18-0.35 | 45-90 | Complex legal terminology |
| Contracts and annexes | 0.15-0.30 | 40-75 | Depends on industry |
| Witness statements | 0.12-0.25 | 30-65 | Less formal style |
| Financial documents | 0.15-0.30 | 40-75 | IFRS/accounting knowledge needed |
| Certified translation | +30-50% on base price | +25-75 per document | Plus notarization |
For comparison: standard document translation runs 0.08-0.15 EUR per word. Arbitration translation costs at least double - due to specialization and the level of responsibility involved.
According to Languages Unlimited, complex legal documents (arbitration agreements, patents, multi-party contracts) cost $0.25 to $0.50 per word. Cheaper quotes should prompt you to verify the translator’s credentials.
Interpretation at hearings¶
This is where costs get serious:
| Type | Price per day (EUR) | Notes |
|---|---|---|
| Simultaneous interpretation | 1,500-2,500 | 2 interpreters needed, work in shifts |
| Technician for equipment | 500-700 | Booth, microphones, headsets |
| Consecutive interpretation | 750-1,250 | Cheaper, but doubles hearing time |
| Witness testimony interpretation | 1,000-1,500 | Sworn interpreter required |
According to a CIArb study, the average cost of international arbitration for a claimant is approximately 2 million euros. Legal fees account for about 74% of costs, while translation, expert reports, and witnesses make up most of the rest.
Tip: an experienced translator can translate 3-4 pages of legal text per hour. If your case has 500 pages of documents for translation, that’s a minimum of 125-170 working hours. Plan your budget early.
Real cases: when translation cost billions¶
We already talked about Occidental Petroleum v. Ecuador at the start. But there are other telling examples.
Ukrainian Vodka Company Ltd v. Nemiroff International Limited (Cyprus, 2015)¶
The Nicosia District Court dismissed recognition of an arbitral award because the translation lacked proper certification. Article IV(2) of the New York Convention requires translation to be “certified by an official or sworn translator or a diplomatic or consular agent.” The court found that certification from the Press and Information Office was insufficient - it merely confirms the translation exists but doesn’t guarantee its accuracy.
Lesson: even if you won the arbitration, without a properly certified translation you can’t enforce the award. Read about the difference between notarial and sworn translation to avoid repeating this mistake.
Kilic Insaat v. Turkmenistan (ICSID)¶
A classic example of a language trap in a bilingual treaty. Article VII.2 of the Turkey-Turkmenistan bilateral investment treaty (BIT) had conflicting English and Russian versions. The English text suggested that recourse to local courts was optional. The Russian text made it mandatory.
As Kluwer Arbitration Blog writes:
The identical BIT provision was interpreted differently in three separate ICSID cases: Kilic Insaat (mandatory - jurisdiction denied), Sehil v. Turkmenistan (permissive - jurisdiction upheld), and Ickale v. Turkmenistan (admissibility obligation, not jurisdictional).
One provision, three different outcomes in three arbitrations. All because of translation differences between two language versions of the same treaty.
Gonzalez v. Cheesecake Factory Restaurants (USA, 2023)¶
The court refused to compel arbitration because the Spanish-language arbitration agreement wasn’t properly authenticated. A corporate executive with no Spanish proficiency testified that a third-party translator was hired and produced a “word-for-word translation” - the court found this insufficient. The court cited: “a document in a foreign language is generally inadmissible unless accompanied by a certified English translation.”
Common mistakes and how to avoid them¶
Translation for arbitration is a minefield. Here are the most frequent mistakes, even among experienced translators.
1. Incorrect rendering of legal concepts¶
The biggest trap - terms that look like direct equivalents but mean different things legally. “Consideration” in English contract law has no direct equivalent in civil law. “Tort” and “delict” are similar but not identical concepts. “Force majeure” has different scope in different legal systems.
How to avoid it: the translator needs to understand both legal systems, not just know the words. If you’re translating legal documents, you need legal specialization, not just language skills.
2. Uncertified translation¶
Article IV of the New York Convention clearly requires certified translation for award enforcement. Without it, the award may remain unenforceable, as in the Nemiroff case in Cyprus.
In Germany you need a beglaubigte Übersetzung from a sworn translator, in France - a traduction assermentée, in Ukraine - a notarially certified translation.
3. Inconsistent terminology¶
When different documents in the same case are translated by different translators, terminology chaos ensues. One writes “claimant,” another “applicant.” One translates “Vertragsverletzung” as “breach of contract,” another as “contract violation.”
Solution: a single glossary and term base for the entire case. Translation Memory (TM) helps maintain consistency even when multiple translators are working.
4. No joint translation partner¶
As RWS recommends, both parties should agree on a single translation partner. This reduces the risk of ambiguous phrases being translated in favor of one side. Plus - terminology consistency and lower costs.
5. Translation without legal system context¶
An arbitration translator needs to know: is common law or civil law applicable? Which jurisdiction? What standards of proof? Without this context, even a technically correct translation can distort the meaning.
How IBA Rules affect translation¶
The IBA Rules on the Taking of Evidence (2020 revision) introduced an important clarification:
- Documents obtained during document production - do not need to be translated
- Documents submitted to the tribunal as evidence - must be accompanied by translations
This shifts the translation burden to the party using the document as evidence. If you’re asked to produce 10,000 documents during document production - you don’t need to translate them all. But if you want to rely on them before the tribunal - translation is mandatory.
Also worth knowing: UNCITRAL Arbitration Rules (Article 19) give the tribunal authority to determine the language if parties haven’t agreed, and to order translation of documents into the language of arbitration.
Arbitration document translation: checklist¶
Whether you’ve been hired to translate for an arbitration or you’re ordering translation for your own case - here’s a step-by-step checklist:
- Determine the language of arbitration - check the Terms of Reference (ICC), tribunal decision (LCIA), or party agreement (ICSID)
- Clarify whether certified translation is needed - for tribunal submissions, a quality translation is usually sufficient, but for award enforcement you need certification per the New York Convention
- Create a glossary at the start - agree on translations of key terms with both parties’ lawyers
- Check the legal system - common law vs civil law, applicable jurisdiction, governing law
- Use Translation Memory - for terminology consistency
- Budget time for legal review - the translation should be reviewed by a lawyer who knows both legal systems
- Keep bilingual versions - the tribunal may request the original for comparison
For large volumes of routine documents (correspondence, internal memos), you can use AI translation as a first draft with subsequent legal review - this cuts time and budget. But for key procedural documents (statement of claim, arbitral award) - human translation by a legal translation specialist only.
Ukraine and international arbitration: what to know¶
Ukraine is actively involved in international arbitration. The ICAC at the Ukrainian CCI is one of the oldest arbitration institutions in the region.
According to Kluwer Arbitration Blog, the annual rate of recognition and enforcement of arbitral awards in Ukraine exceeds 90%, reaching 97% in some years. That’s a very high rate - Ukraine is considered an “arbitration-friendly” jurisdiction.
To enforce a foreign arbitral award in Ukraine, you need a translation of the award and the arbitration agreement into Ukrainian, certified by a notary or a sworn translator. Under the Minsk Convention, documents must include a translation into the language of the requesting party or into Russian.
For routine arbitration documents (corporate correspondence, working memos, preliminary document versions), you can upload your file to ChatsControl and get a translation in minutes - with AI critic review. This is especially handy for preliminary review of documents before ordering a full legal translation of key procedural documents.
FAQ¶
How much does translating an arbitral award cost?¶
It depends on volume and language pair. For common languages (English, German, French) - 0.20 to 0.40 EUR per word, or 50-100 EUR per page. Certification adds another 25-75 EUR per document. For a 50-page award, expect 3,000-6,000 EUR for translation alone. Rare languages can be 30-50% more expensive.
Can you use machine translation for arbitration documents?¶
For key procedural documents (statement of claim, awards, witness testimony) - no. The risk is too high, as the Ecuador case showed. For supporting documents (correspondence, internal memos) - you can use it as a first draft with mandatory review by a legal translator. Read more about the risks of machine translation for legal documents in our separate article.
What language should I file documents in at ICC?¶
In the language of arbitration, as fixed in the Terms of Reference. If the language hasn’t been determined, the tribunal will decide, usually considering the contract language. In 77% of cases, the language of ICC arbitration is English. If your document is in another language, you’ll need a translation into the language of arbitration.
Does ICSID accept documents in Ukrainian?¶
ICSID’s official languages are English, French, and Spanish only. Documents in Ukrainian must be accompanied by a translation into one of the official languages. You can translate only the relevant part of a supporting document, but the tribunal may order a complete translation.
How do you ensure quality in arbitration translation?¶
Three key steps: 1) Hire a translator with legal specialization and arbitration experience. 2) Create a glossary of key terms and agree on it with both parties’ lawyers. 3) Have the translation reviewed by a legal expert who knows both legal systems. Without these steps, even a technically competent translation can distort the legal content of a document.