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Translate Outline Agreement

The reason is simple: if you expect to sue in a Chinese (or foreign) court, the staff of that court will not speak English. You won`t read English. Even if they read English, the Tribunal`s procedural regulations will require that the documents be translated into the national language. If you have already found that the party with whom you enter into a contract has no fortune outside of his own country and that discharge in the district court is faster than an arbitration procedure, why would you want an English-language contract to salt these foreign proceedings? The only language for the foreign court is his, and contracts that are in several languages will confuse the subject. A single contract in a single language (the jurisdiction that sees and imposes it every day) will make the procedure faster, cheaper and simpler – three words that make the customer happy. Think about how long it usually takes to design and negotiate an English-language trade agreement for your client – and to what extent the parties can argue over the registration or exclusion of a single word or phrase. In the event that two languages are used and signed by a client, negotiations and questions should focus on both contractual formats. When the parties sign a contract and it is considered part of their agreement, they should be aware of it; their ignorance of the foreign language will not be an excuse. 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. What can you do with a multilingual contract in legal disputes in the United States? All foreign language documents submitted in federal court proceedings must be translated into English. The federal rule of evidence 604 provides that “the interpreter is subject to the provisions of these rules relating to expert qualification.” The rule has been extended to translators and, therefore, they can qualify as experts under the federal rule of evidence 702. In many cases, the parties offer different translators with opinions asserting that the reliability of another`s translation is wrong. Poor translations lead to a loss of precise language. In many cases, a solo or small lawyer tries to save costs for the client by using a non-lawyer to translate contracts. There are stories of people using secretaries to translate contracts (“She speaks Spanish, no matter what dialect”) or use computer programs. Even obtaining flat-rate translations of translation services can be problematic if they do not explain the range of potential translations that could result from a given legal formulation. A translator may be required to choose between three, five, ten or zero words in a foreign language for a particular legal term that the lawyer originally described in a legal contract.

A translator who is not a lawyer cannot fully understand the goods or services described, the terms of custom use and use in the industry used or the importance of accuracy in that description. Unless they are taken into account in translation and the legal implications of word decisions are understood, the effects of the lawyer`s carefully crafted contractual language can be totally lost when translating into a second language.

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