Why is this necessary? The contractual law of most nations follows the well-known principle that there must be a meeting of minds to conclude a binding treaty. If not, there is no contract. Each foreign nation has different rules of evidence as to what is allowed in the evidence, if they prove what the parties understood they received for the benefit of the good deal. Many laws allow the use of parol evidence. Thus, the UN Convention on International Goods Contracts allows the courts: which apply it to take into account “all relevant circumstances” of the contract – this would apply to both the initial language contract and the translation (cf. z.B. MCC-Marble Ceramic Center, Inc. v. Ceramica Nuova D`Agostino, S.p.A., 144 F.3d 1384 (11 cir. 1998)). The use of parol evidence is even more applicable when the translation was signed by both parties and the translation was a subject or scenario that seemed to abstain from the original language.
The unfortunate result is that the courts (or arbitration tribunals) must rule on these types of cases, as it is less likely that the parties will be able to resolve their own disputes amicably. Instead, they will all think that their own interpretation of the treaty is feasible and spend far too much money to argue over this interpretation. 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. All of our translators have at least five years of legal translation experience and are also regularly tested. We know that confidentiality is the key, and therefore all our translators sign strict confidentiality agreements to ensure that the content of your documentation remains private We adapt individual translators to specific requirements, so that it doesn`t matter if you have an employment contract, a purchase or lease, a confidentiality agreement or a lease. Our competent native language translators are at your disposal to process your application with the quality you need for such important and legally binding documents. 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.