Merrill Brink News Reviews and Opinion on Jun 4, 2015: Language-Related Issues in Contract Translations
London, UK (PRWEB UK) 4 June 2015 -- When a company is working on a contractual agreement that will drive business growth, the desire to expedite the drafting and execution process is understandable. However, in doing so, it’s easy to inadvertently overlook things that can become grounds for contract disputes if they’re not properly addressed at the early stages. When the parties involved in the contract are located in different countries, language is one such factor that can cause confusion and mistrust.
When preparing international contracts, the decision to offer official versions in other languages is a critical step that should be carefully considered. Your legal team may benefit from the following suggestions as they evaluate contract language options.
Potential Complications in Multilingual Contracts
Do not assume that a multilingual contract makes executing and defending the contract’s contents easier. All official versions of the contract, in all translated languages, are legally binding and must be signed by all parties. Translation errors that exist in one version of the contract can result in disputes over what specifically the parties have agreed to by signing it. Errors of this nature frequently occur when companies, in an attempt to reduce costs, engage native speakers of the target language to translate the contracts with no legal experience or familiarity with legal terms in your industry and how they’re typically used in the other party’s country. To avoid the potential for costly mistakes, engage legal document translation professionals who are knowledgeable about contract laws in the target country and are native speakers of that country’s dialect.
Avoid Dismissive References to Foreign Languages
If you choose to present official versions of the contract in multiple languages, don’t be tempted to add verbiage that says in effect that the English version is the “main” version and that all disputes should be settled based on the English content. Such a clause acknowledges the speakers of other languages, but it dismisses them and their languages as secondary in the contractual agreement. It also glosses over the legally binding nature of any contract the parties sign, regardless of the language in which the contract is written. No such clause will negate the complications related to dealing with a multilingual contract. Disputes arising from one version will bring the contents of any other existing versions into question as well, and each version will need to be taken into consideration during settlement.
Consider Where and How Contract Disputes Are Likely to Be Settled
No matter how many different languages are spoken by the parties entering a contract, all must take in consideration the manner in which disputes will be settled. If the contract allows for international arbitration, the languages that will be used during arbitration proceedings should be considered when determining the language used to present the contract. Similarly, if the other party retains all of its assets in its home country, disputes will likely be settled through the local court system in that country. If that is the case, the contract’s official language should match the language spoken in those courts. If you’re certain that contract disputes will be resolved in a specific language, consider designating it to be the language the contract is presented in and provide translations only for reference purposes.
These are just a few factors companies should consider when preparing contracts with parties from other countries. However, they underscore very well the importance of the contract’s language, not only in terms of specific word usage but also the choice of foreign languages it will be presented in. Even for the largest of companies, outside assistance is invariably necessary to ensure that all parties clearly understand and can agree to the contract’s contents. It is wise to engage a language services provider with translators who are legal professionals and native speakers of the languages spoken in the other parties’ countries during all phases of contract negotiations. Such a translation partner can be invaluable in enabling your legal team to present and execute international contracts that accurately convey the terms agreed upon by all parties.
References
Michelle J. Rozovics, “Drafting Multiple-Language Contracts,” American Bar Association GPSolo, April/May 2011, Website.
Full article: http://www.merrillbrink.com/language-related-concerns-in-contract-translations-06012015.htm
About Merrill Brink® International
Merrill Brink International (http://www.merrillbrink.com) is a leading provider of complete translation and language solutions for global companies and law firms, with special expertise in serving the legal, financial, life sciences, software, heavy machinery and corporate markets. A proven leader with more than 30 years of experience, Merrill Brink offers a wide range of language solutions including translation, localisation, desktop publishing and globalisation services.
Merrill Brink is recognised in the industry for its commitment to quality and its pioneering approach of leveraging technology to reduce costs, eliminate redundant processes and accelerate translation life cycles. Merrill Brink is certified to ISO 9001:2008; ISO/IEC 27001:2005 and ISO 13485:2003, and compliant to EN 15038:2006 and ISO 14971:2007.Together, these standards provide assurance that the most stringent process and quality standards for translation are followed. Merrill Brink International is a wholly owned subsidiary of Merrill Corporation.
Vanessa Lontoc, Merrill Brink International, http://www.merrillbrink.com, +1 (917) 720-5598, [email protected]
Share this article