Poor translations lead to the loss of accurate language. In many cases, a solo or small lawyer tries to reduce costs for the client by hiring a non-lawyer to translate contracts. There are stories of people using secretaries to translate contracts (“She speaks Spanish, no matter what dialect”) or computer programs. Even obtaining flat-rate translations of translation services can be problematic if they do not explain the range of potential translations that may result from a particular legal sentence. A translator may be required to choose between three, five, ten or zero words in a foreign language for a particular legal concept that the lawyer initially described in a legal contract. A translator who is not a lawyer may not fully understand the goods or services described, the conditions of use and use in the area used or the importance of maturation in this description. If this is not taken into account in the translation and the legal implications of the choice of words are not understood, the effect of the lawyer`s carefully crafted contractual language may be completely lost when translating into a second language. The reason for this is simple: if you expect to appear before a Chinese (or foreign) court, the staff of that court will not speak English. You will not read English. Even if they read English, the Rules of Procedure of the General Court require that documents be translated into the national language. 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 his own, and contracts that are in several languages will confuse the problem.
A single contract in a single language (the own jurisdiction it sees and imposes every day) makes the procedure faster, cheaper and simpler – three words that make customers very happy. Remember how long it usually takes to design and negotiate an English-language business contract for your client – and to what extent the parties can argue over the inclusion or exclusion of a single word or phrase. . . .