The only way to ensure a precise translation is to check it point by point, inconsistency clause clause. In an ideal situation, a translation is carried out by a lawyer (either within your firm or by a contract lawyer hired, abroad or on the spot) who can provide legal advice on the correct language to use in translation. In situations where this is not possible, translation companies with experience in developing legal documents and explaining the implications should be used in the choice of words, so that the lawyer who does not speak the foreign language will be able to make decisions about the choice of words. If the lawyer does not have the foreign language capability and the client does not wish to hire an additional lawyer to confirm the translation, the client should be notified of the potential for inappropriate translation and the impact on the terms of the contract. First, in conflicts between the two languages, it is important to consider priority. The question is what is the official language? What is mandatory? What kind of control? The agreement must be very clear. It should stipulate that the original version is in a specific language (for example. B English), and if there is a conflict or mismatch between languages, one of them takes precedence over the other. Executives do not speak technical and legal language, so it is important to design contracts in terms that are easy to understand, use plain language and avoid legal contracts. If this happens, translating into a national language will be much easier. A: I`ve never met a Chinese lawyer who designs in English.
However, many large law firms use English-language lawyers to translate documents originally written into Chinese into English. Often, these lawyers are Chinese nationals who have gone to law in the United States or England. It`s important to understand that. Chinese lawyers write all their writing in Chinese. This means that they design in accordance with Chinese law and Chinese legal principles. It is therefore impossible for them to be in the style of the common law concept. It is therefore essential to distinguish between the question of language and that of the judicial system. The completeness of the message, its presentation, its precision and its coherence are more than relevant, but the main advantage of a well-written contract is its clarity. With the traditional divide, Latin American practitioners have developed new business models that recognize the growing importance of the common law.
The gap doesn`t affect us as much anymore. This is clearly a great help in negotiating international treaties. The answer “Why, English, of course!” may be tempting, but it`s not always correct. Complex strategic considerations regarding the choice of the contractual language of a prudent lawyer in a cross-border contract include the consideration of probable claims, the likely jurisdiction for conflict resolution, and the strength to gather and enforce all convictions obtained. 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.