The English Version Of This Agreement Shall Prevail

The English Version Of This Agreement Shall Prevail

. if the contract is translated into another language (for example. B because local law requires contracts to be drawn up in an officially recognized language for the contract to be valid and enforceable). It is important to recognize this and determine which version will prevail in the event of inconsistency or contradiction between the two. With regard to the version in force in the case of translation of the contract, the first sentence may seem superfluous, but one should be aware that a translator should not translate the English word into “Chinese” (the characters say). In this case, the reader of the Chinese version should ensure that another version of text may be slightly different. On the contrary, a translator translates English into translated equivalent and the meaning remains the same (this is not in French). Language. This agreement was drafted in English. In the event of any discrepancy between the English version of this Agreement and a translation, the English version shall take precedence. Unfortunately, in many situations, lawyers write this type of contract in English without thinking about other languages involved in transactions.

The most used languages for multilingual business contracts are English, Chinese, Korean, German, Spanish and Russian. Sometimes lawyers think at the last second of the second about adding a basic standard contractual language that states that English is the “official language” of the treaty – essentially recognizing the fact that the other party is not a native English speaker. The obvious arrogance and reluctant tone with which this clause is often formulated also cordially undermines multicultural trade negotiations. If you have already found that the party with whom you are contracting has no assets outside their own country and that facilitation before a court proceeding is faster than arbitration, why would you ever want to have an English-language contract that disrupts these foreign proceedings? The only language that the foreign court will deal with is its own, and contracts that are in several languages will confuse the problem….

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