22Language

22 Language (Model Law art 22) (1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. (2) Failing agreement as referred to in subsection (1), the arbitral tribunal is to determine the language or languages to be used in the proceedings. (3) This agreement or determination, unless otherwise specified in the agreement or determination, is to apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.

Conduct of arbitral proceedings Part 5 Section 23 R3 02/07/19 Commercial Arbitration Act 2017 Effective: 02/07/19 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The arbitral tribunal may order that any documentary evidence is to be accompanied by a translation into the language or languages agreed on by the parties or determined by the arbitral tribunal. 23 Statements of claim and defence (Model Law art 23) (1) Subject to any contrary agreement of the parties or a direction of the arbitral tribunal, within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant must state the facts supporting his or her claim, the points at issue and the relief or remedy sought, and the respondent must state the respondent’s defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. (2) The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. (3) Unless otherwise agreed by the parties, either party may amend or supplement the party’s claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it. (4) Subsection (1) does not require a statement by a claimant or respondent to be in a particular form.