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. A translation is usually a commissioning work and one of the publisher`s fundamental tasks is to determine the translator`s competence before loading a translation (i.e. by reading other translations by the translator or by assigning a translation of a few pages). For this reason, a publishing house should not be able to refuse a translation if the translator has fulfilled its obligations and delivered the translation in ordered form (in accordance with agreed specifications and similar to that of style and quality for each example that the publisher has already seen). Contracts should not open the door to a publishing house to arbitrarily refuse translation, because the publisher acknowledges that an error was made in the choice of the original book to be translated or because circumstances have changed. Compliance with these guidelines is important, but should not necessarily be sufficient: the translator must always be vigilant and ensure that the contract to be signed is a fair agreement between the publisher and the translator. 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. 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.