|By PR Newswire||
|February 28, 2014 10:23 AM EST||
NEW YORK, Feb. 28, 2014 /PRNewswire-iReach/ -- Any company doing business in the global marketplace must be prepared for the possibility of legal disputes taking place in other countries. In the event of such a dispute, it is not unusual for parties to handle such disagreements through arbitration rather than litigation because it allows for greater flexibility regarding the arbitrators, institution and languages used to settle the case. However, this same flexibility, especially as it relates to language, can introduce complexities affecting all phases of the arbitration.
The language related aspects of international commercial arbitration are manageable, if you partner with an experienced language services provider and keep the following practical advice in mind:
- Be fully educated on the country's international arbitration institution. Early in the arbitration process, the parties need to agree on the institution that will oversee the matter and the means of arbitration to be employed. The institution is typically located in the country or region of the party initiating the arbitration. Major international arbitration institutions include the London Court of International Arbitration, the International Chamber of Commerce in Paris, the Hong Kong International Arbitration Centre, and the China International Economic and Trade Arbitration Commission. Typically, the parties elect to use the arbitration rules of the institution that is chosen. However, rules vary from institution to institution, so it's important to be well informed about the institution, its rules, and the language or languages used in the arbitration. All of these factors will have a direct impact on the proceedings.
- Verify all translations of the arbitration rules. International arbitration institutions offer their rules in several languages to accommodate arbitrators from around the world. Typically, one or two of these translated sets of rules is designated as "official." The translated rules are furnished by the institutions themselves, so it may seem reasonable to assume that all versions are exact translations of the official set of rules. This is not always the case. For example, the Chamber of Arbitration of Milan, which has its official set of rules in Italian, provides an unofficial English translation of its rules. In the English version, Article 9.3 includes the sentence, "In any case, any time limit set by the Rules will run from the sending made by the Secretariat,"but this sentence is omitted from the French, Spanish, and Italian versions.1 At a minimum, such discrepancies create confusion and more importantly may result in awards being contested. Consequently, it is extremely important to verify that the translated version of the rules being used by your arbitrator exactly matches the official version of the rules.
- Establish translation requirements up front. After verifying the translations of the rules, the next step is to determine overall translation requirements for the proceedings. The choice of language to be used in the arbitration can be decided by the parties, arbitrators or institution, all of whom may have varying translation needs based on who chooses the languages. For example, because most sets of rules do not specify the extent to which the language of arbitration must be used, the tribunal is sometimes in a position to decide whether all aspects of the proceedings, including witness testimonies, must be translated to the language of arbitration.2 The tribunal may also decide to conduct the arbitration in two languages, which is not uncommon. In such cases, all documents, testimonies and evidence must be translated into both languages of arbitration. If translations or interpreters for the evidence and testimonies are required, it is helpful to determine at the outset to the fullest extent possible what kind of assistance will be needed. This will allow you, early in the arbitration process, to find and secure the services of a language services provider who can meet all of your requirements.
As these points illustrate, it is critical to understand the role and complexity of language and translation at all stages of international commercial arbitration. You can maximize your chances for success by choosing a qualified language services provider with pertinent arbitration translation experience and proven experience in supporting companies throughout the intricacies of an arbitration process.
1 Liger, Isabelle. "100 Translation Errors in International Translation Rules." University of Illinois College of Law (March 8, 2011), p. 14.
2 Varady, Tibor. Language and Translation in International Commercial Arbitration. West Nyack, NY: Asser Press; 2006, p. 76.
About Merrill Brink International
Merrill Brink International (http://www.merrillbrink.com/) is a leading provider of complete translation and language solutions for global companies and law firms, with special expertise in serving the legal, financial, life sciences, software, heavy machinery and corporate markets. A proven leader with more than 30 years of experience, Merrill Brink offers a wide range of language solutions including translation, localization, desktop publishing and globalization services.
Merrill Brink is recognized in the industry for its commitment to quality and its pioneering approach of leveraging technology to reduce costs, eliminate redundant processes and accelerate translation life cycles. Merrill Brink is certified to ISO 9001:2008; ISO/IEC 27001:2005 and ISO 13485:2003, and compliant to EN 15038:2006 and ISO 14971:2007. Together, these standards provide assurance that the most stringent process and quality standards for translation are followed. Merrill Brink International is a wholly owned subsidiary of Merrill Corporation.
Media Contact: Vanessa Lontoc, Merrill Brink International, 212-229-6532, [email protected]
News distributed by PR Newswire iReach: https://ireach.prnewswire.com
SOURCE Merrill Brink International
SYS-CON Events announced today that Pythian, a global IT services company specializing in helping companies adopt disruptive technologies to optimize revenue-generating systems, has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2015 at the Javits Center in New York, New York. Founded in 1997, Pythian is a global IT services company that helps companies compete by adopting disruptive technologies such as cloud, Big Data, advanced analytics, and DevO...
Feb. 8, 2016 06:30 PM EST Reads: 160
SYS-CON Events announced today that VAI, a leading ERP software provider, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. VAI (Vormittag Associates, Inc.) is a leading independent mid-market ERP software developer renowned for its flexible solutions and ability to automate critical business functions for the distribution, manufacturing, specialty retail and service sectors. An IBM Premier Business Part...
Feb. 8, 2016 03:00 PM EST Reads: 572
Fortunately, meaningful and tangible business cases for IoT are plentiful in a broad array of industries and vertical markets. These range from simple warranty cost reduction for capital intensive assets, to minimizing downtime for vital business tools, to creating feedback loops improving product design, to improving and enhancing enterprise customer experiences. All of these business cases, which will be briefly explored in this session, hinge on cost effectively extracting relevant data from ...
Feb. 8, 2016 03:00 PM EST
In most cases, it is convenient to have some human interaction with a web (micro-)service, no matter how small it is. A traditional approach would be to create an HTTP interface, where user requests will be dispatched and HTML/CSS pages must be served. This approach is indeed very traditional for a web site, but not really convenient for a web service, which is not intended to be good looking, 24x7 up and running and UX-optimized. Instead, talking to a web service in a chat-bot mode would be muc...
Feb. 8, 2016 02:00 PM EST Reads: 205
SYS-CON Events announced today that Catchpoint Systems, Inc., a provider of innovative web and infrastructure monitoring solutions, has been named “Silver Sponsor” of SYS-CON's DevOps Summit at 18th Cloud Expo New York, which will take place June 7-9, 2016, at the Javits Center in New York City, NY. Catchpoint is a leading Digital Performance Analytics company that provides unparalleled insight into customer-critical services to help consistently deliver an amazing customer experience. Designed...
Feb. 8, 2016 02:00 PM EST Reads: 339
SYS-CON Events announced today that Alert Logic, Inc., the leading provider of Security-as-a-Service solutions for the cloud, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. Alert Logic, Inc., provides Security-as-a-Service for on-premises, cloud, and hybrid infrastructures, delivering deep security insight and continuous protection for customers at a lower cost than traditional security solutions. Ful...
Feb. 8, 2016 02:00 PM EST Reads: 372
More and more companies are looking to microservices as an architectural pattern for breaking apart applications into more manageable pieces so that agile teams can deliver new features quicker and more effectively. What this pattern has done more than anything to date is spark organizational transformations, setting the foundation for future application development. In practice, however, there are a number of considerations to make that go beyond simply “build, ship, and run,” which changes ho...
Feb. 8, 2016 01:30 PM EST Reads: 168
SYS-CON Events announced today that Interoute, owner-operator of one of Europe's largest networks and a global cloud services platform, has been named “Bronze Sponsor” of SYS-CON's 18th Cloud Expo, which will take place on June 7-9, 2015 at the Javits Center in New York, New York. Interoute is the owner-operator of one of Europe's largest networks and a global cloud services platform which encompasses 12 data centers, 14 virtual data centers and 31 colocation centers, with connections to 195 ad...
Feb. 8, 2016 12:45 PM EST Reads: 355
Advances in technology and ubiquitous connectivity have made the utilization of a dispersed workforce more common. Whether that remote team is located across the street or country, management styles/ approaches will have to be adjusted to accommodate this new dynamic. In his session at 17th Cloud Expo, Sagi Brody, Chief Technology Officer at Webair Internet Development Inc., focused on the challenges of managing remote teams, providing real-world examples that demonstrate what works and what do...
Feb. 8, 2016 12:30 PM EST Reads: 232
As enterprises work to take advantage of Big Data technologies, they frequently become distracted by product-level decisions. In most new Big Data builds this approach is completely counter-productive: it presupposes tools that may not be a fit for development teams, forces IT to take on the burden of evaluating and maintaining unfamiliar technology, and represents a major up-front expense. In his session at @BigDataExpo at @ThingsExpo, Andrew Warfield, CTO and Co-Founder of Coho Data, will dis...
Feb. 8, 2016 12:30 PM EST Reads: 138
SYS-CON Events announced today that Men & Mice, the leading global provider of DNS, DHCP and IP address management overlay solutions, will exhibit at SYS-CON's 18th International Cloud Expo®, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. The Men & Mice Suite overlay solution is already known for its powerful application in heterogeneous operating environments, enabling enterprises to scale without fuss. Building on a solid range of diverse platform support,...
Feb. 8, 2016 12:00 PM EST Reads: 152
SYS-CON Events announced today that Commvault, a global leader in enterprise data protection and information management, has been named “Bronze Sponsor” of SYS-CON's 18th International Cloud Expo, which will take place on June 7–9, 2016, at the Javits Center in New York City, NY, and the 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Commvault is a leading provider of data protection and information management...
Feb. 8, 2016 10:45 AM EST Reads: 381
SYS-CON Events announced today that AppNeta, the leader in performance insight for business-critical web applications, will exhibit and present at SYS-CON's @DevOpsSummit at Cloud Expo New York, which will take place on June 7-9, 2016, at the Javits Center in New York City, NY. AppNeta is the only application performance monitoring (APM) company to provide solutions for all applications – applications you develop internally, business-critical SaaS applications you use and the networks that deli...
Feb. 8, 2016 10:15 AM EST Reads: 362
It's easy to assume that your app will run on a fast and reliable network. The reality for your app's users, though, is often a slow, unreliable network with spotty coverage. What happens when the network doesn't work, or when the device is in airplane mode? You get unhappy, frustrated users. An offline-first app is an app that works, without error, when there is no network connection.
Feb. 8, 2016 09:45 AM EST Reads: 167
Father business cycles and digital consumers are forcing enterprises to respond faster to customer needs and competitive demands. Successful integration of DevOps and Agile development will be key for business success in today’s digital economy. In his session at DevOps Summit, Pradeep Prabhu, Co-Founder & CEO of Cloudmunch, covered the critical practices that enterprises should consider to seamlessly integrate Agile and DevOps processes, barriers to implementing this in the enterprise, and pr...
Feb. 8, 2016 09:30 AM EST Reads: 330