Agreement Translation Clause

Unfortunately, in many situations, lawyers write these types of contracts in English with few thoughts involved in other languages in transactions. The most commonly used languages for multilingual commercial contracts are English, Chinese, Korean, German, Spanish and Russian. Sometimes lawyers think, at the last second, to add a basic language that indicates that English is the “official language” of the contract – while acknowledging and denouncing the fact that the other party is not a native English speaker. The obvious arrogance and repulsive tone with which this clause is often formulated also undermines cordial multicultural trade negotiations. If the international treaty is two more languages (English, Spanish, French, German, Chinese, etc.), the language clause must determine the version that predominates in priority versions in the event of a dispute. Otherwise, international rules, such as unsteady principles, should be applied. Article 7.7 of these principles deals with linguistic differences: when a treaty is concluded in two or more identical language versions, in case of discrepancies between versions, a preference for interpretation according to a version in which the treaty was originally drawn up. Some states have also adopted specific rules on translation. For example, Texas Rule of Evidence 1009 provides a general overview of the authorisation and intercess of foreign language translations as documentary evidence. Translation of a document into a foreign language is generally permitted provided that it is accompanied by an affidavit from a qualified foreign language translator, indicating the translator`s qualifications and that the translation is fair and correct. There are also procedures for submitting the document to the other party and contradicting the translation. For states that do not have such rules of evidence, the parties can nevertheless establish the Texas rule as a rule for establishing a reasonable record of the reliability of the proposed translation. If the parties to an international contract use different languages, a language clause should be included in the treaty.

Even if the parties are the only language to adopt, there must be a clause defining the official version of the document. The language. This agreement was developed in English. If there is a discrepancy between the English version of this contract and a translation, the English version is given priority. Two classic examples of language choice clauses are cited below: in addition, where there are two language versions of a contract, either because they are prescribed by the law of one of the parties` countries, or because the parties feel more secure with regard to their rights and obligations, it is advisable to insert a clause stipulating that it is applicable. , which language is a priority in case of differences between the parties. It is also important to indicate the language to use for notifications, especially in long-term contracts. Your client can tell you, “I can`t read a Chinese contract.

What am I going to do with it? I don`t know what I have to do. It may be quick, cheap and easy when we have a conflict in China, but it seems to me that is not the case at the moment. The simple solution is to provide your client with a translation for his own use and daily reference. Is it the same as the recommendation to include in the treaty a clause stipulating that the Chinese version of the contract is official and that the English translation applies, except in the event of a conflict? No no.

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