Welcome!

News Feed Item

Proactive Steps to Managing Language Complexities in International Commercial Arbitrations

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.

(Photo: http://photos.prnewswire.com/prnh/20140228/MN74197)

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.

References

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.

Full article: http://www.merrillbrink.com/manage-language-complexities-in-international-arbitrations-02242014.htm

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

More Stories By PR Newswire

Copyright © 2007 PR Newswire. All rights reserved. Republication or redistribution of PRNewswire content is expressly prohibited without the prior written consent of PRNewswire. PRNewswire shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon.

Latest Stories
A look across the tech landscape at the disruptive technologies that are increasing in prominence and speculate as to which will be most impactful for communications – namely, AI and Cloud Computing. In his session at 20th Cloud Expo, Curtis Peterson, VP of Operations at RingCentral, highlighted the current challenges of these transformative technologies and shared strategies for preparing your organization for these changes. This “view from the top” outlined the latest trends and developments i...
Cloud applications are seeing a deluge of requests to support the exploding advanced analytics market. “Open analytics” is the emerging strategy to deliver that data through an open data access layer, in the cloud, to be directly consumed by external analytics tools and popular programming languages. An increasing number of data engineers and data scientists use a variety of platforms and advanced analytics languages such as SAS, R, Python and Java, as well as frameworks such as Hadoop and Spark...
With major technology companies and startups seriously embracing Cloud strategies, now is the perfect time to attend 21st Cloud Expo October 31 - November 2, 2017, at the Santa Clara Convention Center, CA, and June 12-14, 2018, at the Javits Center in New York City, NY, and learn what is going on, contribute to the discussions, and ensure that your enterprise is on the right path to Digital Transformation.
Automation is enabling enterprises to design, deploy, and manage more complex, hybrid cloud environments. Yet the people who manage these environments must be trained in and understanding these environments better than ever before. A new era of analytics and cognitive computing is adding intelligence, but also more complexity, to these cloud environments. How smart is your cloud? How smart should it be? In this power panel at 20th Cloud Expo, moderated by Conference Chair Roger Strukhoff, paneli...
@DevOpsSummit at Cloud Expo taking place Oct 31 - Nov 2, 2017, at the Santa Clara Convention Center, Santa Clara, CA, is co-located with the 21st International Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The widespread success of cloud computing is driving the DevOps revolution in enterprise IT. Now as never before, development teams must communicate and collaborate in a dynamic, 24/7/365 environment. There is ...
The current age of digital transformation means that IT organizations must adapt their toolset to cover all digital experiences, beyond just the end users’. Today’s businesses can no longer focus solely on the digital interactions they manage with employees or customers; they must now contend with non-traditional factors. Whether it's the power of brand to make or break a company, the need to monitor across all locations 24/7, or the ability to proactively resolve issues, companies must adapt to...
"We are a monitoring company. We work with Salesforce, BBC, and quite a few other big logos. We basically provide monitoring for them, structure for their cloud services and we fit into the DevOps world" explained David Gildeh, Co-founder and CEO of Outlyer, in this SYS-CON.tv interview at DevOps Summit at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
Cloud promises the agility required by today’s digital businesses. As organizations adopt cloud based infrastructures and services, their IT resources become increasingly dynamic and hybrid in nature. Managing these require modern IT operations and tools. In his session at 20th Cloud Expo, Raj Sundaram, Senior Principal Product Manager at CA Technologies, will discuss how to modernize your IT operations in order to proactively manage your hybrid cloud and IT environments. He will be sharing bes...
Join us at Cloud Expo June 6-8 to find out how to securely connect your cloud app to any cloud or on-premises data source – without complex firewall changes. More users are demanding access to on-premises data from their cloud applications. It’s no longer a “nice-to-have” but an important differentiator that drives competitive advantages. It’s the new “must have” in the hybrid era. Users want capabilities that give them a unified view of the data to get closer to customers and grow business. The...
For organizations that have amassed large sums of software complexity, taking a microservices approach is the first step toward DevOps and continuous improvement / development. Integrating system-level analysis with microservices makes it easier to change and add functionality to applications at any time without the increase of risk. Before you start big transformation projects or a cloud migration, make sure these changes won’t take down your entire organization.
Artificial intelligence, machine learning, neural networks. We’re in the midst of a wave of excitement around AI such as hasn’t been seen for a few decades. But those previous periods of inflated expectations led to troughs of disappointment. Will this time be different? Most likely. Applications of AI such as predictive analytics are already decreasing costs and improving reliability of industrial machinery. Furthermore, the funding and research going into AI now comes from a wide range of com...
"When we talk about cloud without compromise what we're talking about is that when people think about 'I need the flexibility of the cloud' - it's the ability to create applications and run them in a cloud environment that's far more flexible,” explained Matthew Finnie, CTO of Interoute, in this SYS-CON.tv interview at 20th Cloud Expo, held June 6-8, 2017, at the Javits Center in New York City, NY.
Internet of @ThingsExpo, taking place October 31 - November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA, is co-located with 21st Cloud Expo and will feature technical sessions from a rock star conference faculty and the leading industry players in the world. The Internet of Things (IoT) is the most profound change in personal and enterprise IT since the creation of the Worldwide Web more than 20 years ago. All major researchers estimate there will be tens of billions devic...
SYS-CON Events announced today that MobiDev, a client-oriented software development company, will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. MobiDev is a software company that develops and delivers turn-key mobile apps, websites, web services, and complex software systems for startups and enterprises. Since 2009 it has grown from a small group of passionate engineers and business...
SYS-CON Events announced today that GrapeUp, the leading provider of rapid product development at the speed of business, will exhibit at SYS-CON's 21st International Cloud Expo®, which will take place October 31-November 2, 2017, at the Santa Clara Convention Center in Santa Clara, CA. Grape Up is a software company, specialized in cloud native application development and professional services related to Cloud Foundry PaaS. With five expert teams that operate in various sectors of the market acr...