Common use of Language of the Arbitration Clause in Contracts

Language of the Arbitration. (a) If the Arbitration Agreement is in English, the arbitration shall be conducted in English, unless the parties agree otherwise. Notwithstanding the foregoing, and only if the Arbitration Agreement is silent as to the language for conducting the arbitration, (i) if the arbitrator(s) conclude(s) that substantially all of the likely witnesses are Hebrew speakers, he shall have the discretion to order that oral examinations of those witnesses be conducted in Hebrew, so long as he is convinced that no hardship will be caused to any party, and (ii) the arbitrator(s) shall have the discretion to conduct administrative hearings in Hebrew. For purposes of this subsection (a), an "administrative hearing" is one (A) that involves counsel for the parties but not the parties themselves, and (B) as to which it is expected that the only matters to be dealt with are administrative ones. (b) If the Arbitration Agreement is in Hebrew, and if it does not expressly address the issue of the language in which the arbitration is to be held, the arbitration shall be conducted in Hebrew, unless the parties agree otherwise. (c) Subject to the other provisions in this section, if the parties wish to conduct the arbitration in a language other than English or Hebrew, the President shall have the discretion to grant such request. The parties shall bear the costs of conducting the arbitration in such different language. (d) If the documents that constitute the Arbitration Agreement are in more than one language, and if the Arbitration Agreement does not expressly address the issue of the language in which the arbitration is to be conducted, the arbitrator(s) shall have the discretion to determine the language of the arbitration. In exercising such discretion, paramount consideration is to be given to the language in which the arbitration clause is written. Any decision pursuant to this subsection (d) shall be in writing and shall be reasoned.