When a company enters an international arbitration, every linguistic detail can carry legal and financial consequences. It is not just about understanding what is said in the hearing room, but about guaranteeing that every term, nuance and argument passes accurately between the parties.
In that context, the professional interpreter’s role becomes strategic. This article explains how to build interpreting properly into an international arbitration hearing, what risks come with improvising, and how it relates to other key language services such as having a power of attorney translated into English or other relevant legal documentation.
International arbitration demands absolute linguistic precision
International arbitration proceedings usually involve companies from different countries, multilingual legal teams and extensive legal documentation. Although the working language is normally agreed in advance (frequently English), not every participant commands it to the same level.
This is where the interpreter who specialises in legal settings comes in.
Their job is not simply to “translate what is said”, but to convey with precision:
- legal arguments
- technical terminology
- strategic nuances in cross-examinations or witness statements
- references to legal documents
A small terminological slip can change the meaning of a statement or weaken a legal argument.
For example, if the proceedings refer back to earlier documentation — contracts, corporate agreements or the need to have a power of attorney translated into English— the interpreter must know the legal context in order to convey its meaning correctly.
Interpreting in arbitration: when it is genuinely necessary
Many companies assume that if their lawyers speak good English, interpreting will not be needed. In practice, that decision tends to create problems.
There are several common situations where interpreting is indispensable.
Statements by directors or witnesses
In arbitration proceedings it is common for directors or employees to give evidence as witnesses. Even with a high level of English, under pressure they may make mistakes or oversimplify their answers.
An interpreter lets them express themselves with complete precision in their mother tongue.
Presentation of documentary evidence
During the arbitration, key documents are reviewed: contracts, technical reports, corporate minutes or powers of attorney.
If it has previously been necessary to have a power of attorney translated into English in order to evidence who represents the company, the interpreter must be able to handle that kind of terminology when it comes up during the proceedings.
Strategic exchanges between lawyer and client
In many arbitration hearings, quick communication between lawyer and client during the session is essential. Interpreting makes those exchanges possible without breaking the rhythm of the proceedings.
The risks of not planning interpreting properly
One of the most common mistakes among companies facing their first international arbitration is to treat interpreting as a minor logistical detail.
The consequences can be significant.
Loss of legal precision
An interpreter without arbitration experience may translate legal terms literally when they have specific equivalents in comparative law.
This happens frequently with documents such as:
- powers of attorney
- representation agreements
- corporate contracts
That is why related services such as translating a power of attorney into English should always be handled by specialist legal translators.
Pacing problems in the hearing
Poorly planned interpreting can slow the proceedings down, cause constant interruptions or create confusion between the parties.
Arbitral tribunals place particular value on hearings that run smoothly and clearly.
Reputational risk
In international disputes, the way a company puts its arguments across is also part of its credibility before the arbitral tribunal.
Linguistic errors or misunderstandings can affect that perception.
How to build interpreting into your international legal strategy
Interpreting should be planned like any other strategic resource in the proceedings.
Bring the interpreter in early
The interpreter needs to know:
- the type of dispute
- the sectors involved
- the specific terminology of the case
- the relevant documentation
This makes it possible to prepare glossaries and become familiar with the key concepts.
Coordinate translation and interpreting
In many proceedings, the company has already worked with translators on its legal documentation.
For example:
- international contracts
- articles of association
- certificates
- or the need to have a power of attorney translated into English in order to represent the company legally
Coordinating both services ensures terminological consistency throughout the process.
Choose interpreters with legal experience
Not every interpreter is ready for an international arbitration. It is essential that they have experience in:
- international commercial law
- litigation
- specialist legal terminology
That profile significantly reduces interpreting risks.
How legal translation and arbitration interpreting fit together
Interpreting in the hearing room is only one part of the language ecosystem of international proceedings.
Before the arbitration there is usually a substantial volume of document translation.
The most common documents include:
- commercial contracts
- legal correspondence
- expert reports
- powers of attorney
In particular, many companies need to have a power of attorney translated into English in order to evidence the authority of their lawyers or directors before the arbitral tribunal.
If the terminology used in those translations is not consistent with the interpreting during the hearing, inconsistencies can arise.
That is why it is advisable to work with language providers that combine both services.
Frequently asked questions
Not always compulsory, but strongly advisable whenever any of the participants does not have full command of the language of the proceedings. Linguistic precision can directly influence the outcome of the case.
Normally one of the parties does, or the law firm representing it. In some cases the arbitral tribunal itself may require interpreting services to guarantee that the proceedings are properly understood.
Yes. Many arbitrations involve an earlier document translation phase, for example when you need to have a power of attorney translated into English or international contracts. Terminological consistency between translation and interpreting is key to avoiding confusion during the hearing.
Generally, simultaneous interpreting is used in formal hearings and consecutive interpreting in cross-examinations or shorter interventions. The choice depends on the format of the proceedings and the number of languages involved.
International arbitration demands a level of linguistic precision comparable to the legal strategy itself. Interpreting should not be seen as an ancillary service, but as a tool that allows arguments to be conveyed clearly and critical misunderstandings to be avoided.
It also tends to form part of a wider set of language services that includes the translation of legal documentation, such as when a company needs to have a power of attorney translated into English in order to evidence legal representation.