We provide certified translations of contracts and legal agreements that are accepted by courts and government agencies around the world. We regularly translate real estate contracts, leases, clinical trial contracts, employee contracts and partnership agreements. Our quality management system (QMS) is certified according to ISO 17100:2015. The reason is simple: if you plan to plead before a Chinese (or foreign) court, the staff of that court will not speak English. You will not read English. Even if they read English, the Rules of Procedure of the Court will require that the documents be translated into the national language. If you have already determined that the party with whom you are entering into a contract has no assets outside their own country and that redress in local courts is faster than arbitration, why would you ever want to have a contract in English that spoils these foreign proceedings? The only language that the foreign court will deal with is his own, and contracts that are in several languages will confuse the problem. A single contract in a single language (that of the jurisdiction that sees and applies it every day) will make the procedure faster, cheaper and easier – three words that make customers very happy. What can you do with a multilingual contract in a legal dispute in the United States? All foreign language documents filed in proceedings before the Federal Court must be translated into English. Federal Rule of Evidence 604 provides that “the interpreter shall be subject to the provisions of these Rules relating to the qualification of expert witness”. The rule has been extended to translators, and they can therefore be qualified as experts under the federal rule of evidence 702.

In many cases, parties offer different translators with opinions that claim that the reliability of someone else`s translation is imperfect. Think about the time it usually takes to draft and negotiate a commercial contract in English for your client – and the extent to which the parties can discuss the inclusion or exclusion of a single word or sentence. In the event that two languages are used and signed by a client, negotiations and issues should extend to both contract formats. If the parties sign a contract and it is considered part of their agreement, they must be aware of its implications; their ignorance of the foreign language will not be an excuse. Translating a contract requires legal expertise and high accuracy. That is why you should order the translation of your contract from GTS. We deliver your contractual translation quickly, at a reasonable price and at the required level of quality. What is the problem with these clauses? Why don`t they solve the problem of language priority? Finally, both clauses state that the contract is drawn up in two languages and that only one is the binding version. If there is a conflict, the first language will prevail. There should therefore never be a dispute between the parties as to how contracts should be interpreted. There`s only one contract that counts, isn`t there? When negotiating with foreign-speaking parties, consider the following to determine whether drafting a multilingual contract maximizes the applicability of the contract to your clients: If you intend to have the dispute resolved in an arbitral tribunal, where arbitrators usually conduct proceedings in English, it makes sense to have English as the official language of the contract. However, if the forum chosen is the local courts of China, because it is the only place where your manufacturer-seller has assets, and your best application potential is to reverse the threat of this familiar legal system, then you should spend more time and costs to make Chinese the official language of your contract.

The first thing the parties should consider when dealing with foreign parties is whether the final contract should be in English, in the foreign language, or both. If the contract is written in more than one language, which one is official? What control in case of conflict? Below are two classic examples of language choice clauses: We translate contracts and legal documents for companies, law firms and individuals. If you need an official translation to submit to a court, government agency or embassy, we can stamp each page with our company seal and issue you a company certificate. This article suggests that there are reasons to pay much more attention to the issue of language choice. From drafting the contract to introducing proof of dispute, using a multilingual contract will show your clients that you are an accomplished lawyer who knows how to look after their best interests. Unfortunately, in many situations, lawyers draft these types of contracts in English without taking into account the other languages involved in the transactions. The most common languages for multilingual business contracts are English, Chinese, Korean, German, Spanish, and Russian. Sometimes, at the last second, lawyers think about adding a basic text module that states that English is the “official language” of the contract – essentially, at the same time, they acknowledge and reject the fact that the other party is not native English. The obvious arrogance and dismissive tone with which this clause is often formulated undermines otherwise cordial multicultural trade negotiations.

Your customer may tell you, “I can`t read a Chinese contract. What should I do with it? I won`t know what to do. It may be quick, cheap and easy when we have a conflict in China, but it certainly doesn`t seem to me to be the case at the moment. The simple solution is to provide your client with a translation for their own use and a daily reference. Is it the same as the recommendation to include a clause in the contract that says that the Chinese version of the contract is official and that the English translation applies unless there is a conflict? No. The English translation is for reference only – it does not even need to be provided to the other party and does not need to be signed by them. The mere copy of a contract means that there is only one language negotiation, one sentence negotiation and one version of the contract that could be challenged. Some States have also adopted special rules for translations. For example, Texas Rule of Evidence 1009 provides a general overview of the admission and rejection of foreign language translations as documentary evidence.

The translation of a document into a foreign language is in principle permitted provided that it is accompanied by an affidavit from a qualified translator in a foreign language indicating the translator`s qualifications and the translation being fair and accurate. There are also procedures for serving the document on the other party and for opposing the translation. For states that do not have this type of rules of evidence, parties may still refer to the Texas rule as a guideline for maintaining an adequate record of the reliability of the translation offered. The problem of applicability. It is difficult to enforce judgments obtained by U.S. courts abroad. So, if you`re working with multilingual contracts, you need to consider where a dispute is most likely to be raised when you need to apply it. What is your provision in the dispute resolution contract, jurisdiction and choice of jurisdiction? Is there a provision for international arbitration? Have you thought about whether your counterparty only has assets in their home country, which means that your best chance of getting an injunction and/or damages in case of infringement is to use the local court system? There are many circumstances in which solos and small law firms may face a multilingual contract. Some of the most common are: Parties and their lawyers should consider the time and resources (yes, including attorneys` fees) spent drafting contracts. No lawyer would dream of telling a client that the exact language used in a contract “doesn`t matter.” However, since the translations offered in multilingual contracts are not reviewed, this is exactly what lawyers do. The parties often pursue each other over the meaning of a single word in a contract.

Contractual disputes are invoked when there is a clear conflict between two words, phrases or paragraphs of a contract. .