Translating and interpreting to win: the foreign language witness testimony dilemma in international arbitration
The Translator, (2014)Abstract
Witness testimony has become pervasive in the world of international arbitration, where it is expected that one will encounter language barriers, especially in cases where the linguistic skills of arbitral tribunals, legal counsel and/or witnesses are not compatible with the applicable language of the proceedings. In such instances, translation of written testimonies and reports, as well as the live interpretation of oral testimonies, become indispensable. However, the relative importance of such translation and interpretation is often overlooked or underestimated. Practice has revealed that in most cases the interests of the parties, the witnesses and the translators/interpreters are not necessarily aligned. For this reason, the paper intends to provide a critical analysis of certain practical, legal and lingo-cultural challenges facing translators/interpreters of witness testimony in international arbitration. An attempt will be made to address the following questions: who can translate and interpret witness testimony, who appoints the translators and interpreters of witness testimony, what are their qualifications and skills, what is the role of legal counsels with regard to witness testimony interpretation and translation, and is it crucial, in translating witness testimony, to consider and assess the translator’s/interpreter’s potential conflict of interest? In addressing the above, this paper will draw upon real-life cases involving bilingual international arbitral proceedings in English and Arabic.