The arbitral process is not the search for epistemological truth, but it is a search for a true and accurate resolution of controverted positions. Language is the necessary medium for the reaching this accuracy, but both practical and more profound language issues arise that inhibit the proper search for "truth" in international arbitration. These issues are frequently not perceived by counsel and arbitrators and the use, or misuse, of English as the arbitral Weltsprache has, often unwittingly, exacerbated this phenomenon. A deeper conception of the role and structure of language will lead both to better practice, and to greater accuracy, in the arbitral process.
Journal of International Arbitration