MEDP 299.XX Hunter College at the City University of New YorkPosts RSS Comments RSS

You Have Agreement In Spanish

It is a good thing that you are aware of the concept of agreement. 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. If you intend to resolve the dispute in an arbitral tribunal where arbitrators usually conduct proceedings in English, then it is reasonable to have English as the official language of the contract. However, if the forum chosen is China`s local courts, because it is the only place where your manufacturer-seller has assets and your best potential to impose is to upset the threat that hangs over this familiar judicial system, then you should use the extra time and cost to make Chinese the official language of your contract. I am clearly missing something about a possession agreement. 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.

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. 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.┬áThe simple solution is to provide your client with a translation for his own use and daily reference.

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