The parties and their counsel should consider the time and resources (including attorneys` fees) that are spent on the design of contracts. No lawyer would dream of telling a client that the exact language used in a contract “doesn`t matter.” However, by not checking the translations offered in multilingual contracts, lawyers do so. Parties often sue for the meaning of a single word in a contract. Contractual disputes arise in the event of an obvious conflict between two words, phrases or paragraphs in a contract. The lack of precision in a translation invites problems in the absence of necessity. 1. Contrato: from the Latin contractus. The Dictionary Real Academia Española (RAE) tells us that it is a written or oral agreement between parties related to a particular object or issue and who are obliged to respect it. A second meaning of the term is a document containing the terms of such an agreement. 2.
Convenio: from the word suit in Spanish. The RAE tells us that this is a transaction, a convention or a treaty. 3. Acuerdo: from the verb acordar in Spanish. The RAE offers several meanings of this term: 3) a decision made before the courts, businesses, municipalities or associated agencies; (3.b a deliberate decision taken by one or more persons; 3.c. agreement between two or more parties; 3.d. reflection or maturity in decision-making; 3.e. knowledge or sense of something; 3.f.
Opinion, report, consultation; 3.g. use of the senses, understanding, clarity; etc. Contracts are supposed to be confidential by nature. Therefore, when planning the translation of your contract, also consider ways to ensure that the contract remains confidential during the translation process. One of the ways to do this is to sign a confidentiality agreement with the translator. We work with native translators who are ready for legal issues. Translation of agreements, contracts, instruments, patents and appeals. If you intend to have the dispute settled in an arbitral tribunal where arbitrators usually conduct the proceedings in English, it is useful to have English as the official language of the contract.
However, if the forum chosen is the local Chinese courts, because it is the only place where your manufacturer-seller has assets, and your best enforcement potential is to keep over his head the threat of this familiar legal system, then you should spend the extra time and cost making Chinese the official language of your contract…