Language choice in business contracts

Deciding on one binding language for international business contracts is essential.

In international business, companies typically sign their contracts in one language only.

When a language is set as the contractual language, the version of the contract in that language becomes the one and only contract. The choice of this binding language must be defined in the controlling contract itself, so there is no possible confusion in case of a dispute or litigation. It is thus clearly inadvisable to draw up contracts where two languages apply.

Translations of a contract can of course be made, even into several languages, but it is understood that these documents serve “for translation purposes only,” and do not replace the real contract.

Deciding what language to use is in itself a strategic decision. You may feel more comfortable with a contract in English, but you must also consider where the contract will be enforced.

For example, if you are working with a Chinese company and the terms of the contract will be enforced in China, you will be better off hiring an English to Chinese translator who will get the translation right for you.

Obviously, finding a highly qualified translator is essential in international business deals. At Language Translation Inc., located in San Diego, California, our experienced translators make the translated documents say exactly what they mean in the context of the other language and culture.

Betty Carlson

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