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
Increasing IoT connectivity is forcing enterprises to find elegant solutions to organize and visualize all incoming data from these connected devices with re-configurable dashboard widgets to effectively allow rapid decision-making for everything from immediate actions in tactical situations to strategic analysis and reporting. In his session at 18th Cloud Expo, Shikhir Singh, Senior Developer Relations Manager at Sencha, will discuss how to create HTML5 dashboards that interact with IoT devic...
The increasing popularity of the Internet of Things necessitates that our physical and cognitive relationship with wearable technology will change rapidly in the near future. This advent means logging has become a thing of the past. Before, it was on us to track our own data, but now that data is automatically available. What does this mean for mHealth and the "connected" body? In her session at @ThingsExpo, Lisa Calkins, CEO and co-founder of Amadeus Consulting, will discuss the impact of wea...
If there is anything we have learned by now, is that every business paves their own unique path for releasing software- every pipeline, implementation and practices are a bit different, and DevOps comes in all shapes and sizes. Software delivery practices are often comprised of set of several complementing (or even competing) methodologies – such as leveraging Agile, DevOps and even a mix of ITIL, to create the combination that’s most suitable for your organization and that maximize your busines...
There is an ever-growing explosion of new devices that are connected to the Internet using “cloud” solutions. This rapid growth is creating a massive new demand for efficient access to data. And it’s not just about connecting to that data anymore. This new demand is bringing new issues and challenges and it is important for companies to scale for the coming growth. And with that scaling comes the need for greater security, gathering and data analysis, storage, connectivity and, of course, the...
Manufacturers are embracing the Industrial Internet the same way consumers are leveraging Fitbits – to improve overall health and wellness. Both can provide consistent measurement, visibility, and suggest performance improvements customized to help reach goals. Fitbit users can view real-time data and make adjustments to increase their activity. In his session at @ThingsExpo, Mark Bernardo Professional Services Leader, Americas, at GE Digital, will discuss how leveraging the Industrial Interne...
SYS-CON Events announced today that Ericsson has been named “Gold Sponsor” of SYS-CON's @ThingsExpo, which will take place on June 7-9, 2016, at the Javits Center in New York, New York. Ericsson is a world leader in the rapidly changing environment of communications technology – providing equipment, software and services to enable transformation through mobility. Some 40 percent of global mobile traffic runs through networks we have supplied. More than 1 billion subscribers around the world re...
In the world of DevOps there are ‘known good practices’ – aka ‘patterns’ – and ‘known bad practices’ – aka ‘anti-patterns.' Many of these patterns and anti-patterns have been developed from real world experience, especially by the early adopters of DevOps theory; but many are more feasible in theory than in practice, especially for more recent entrants to the DevOps scene. In this power panel at @DevOpsSummit at 18th Cloud Expo, moderated by DevOps Conference Chair Andi Mann, panelists will dis...
The IETF draft standard for M2M certificates is a security solution specifically designed for the demanding needs of IoT/M2M applications. In his session at @ThingsExpo, Brian Romansky, VP of Strategic Technology at TrustPoint Innovation, will explain how M2M certificates can efficiently enable confidentiality, integrity, and authenticity on highly constrained devices.
The IoTs will challenge the status quo of how IT and development organizations operate. Or will it? Certainly the fog layer of IoT requires special insights about data ontology, security and transactional integrity. But the developmental challenges are the same: People, Process and Platform. In his session at @ThingsExpo, Craig Sproule, CEO of Metavine, will demonstrate how to move beyond today's coding paradigm and share the must-have mindsets for removing complexity from the development proc...
Up until last year, enterprises that were looking into cloud services usually undertook a long-term pilot with one of the large cloud providers, running test and dev workloads in the cloud. With cloud’s transition to mainstream adoption in 2015, and with enterprises migrating more and more workloads into the cloud and in between public and private environments, the single-provider approach must be revisited. In his session at 18th Cloud Expo, Yoav Mor, multi-cloud solution evangelist at Cloudy...
In his session at 18th Cloud Expo, Sagi Brody, Chief Technology Officer at Webair Internet Development Inc., will focus on real world deployments of DDoS mitigation strategies in every layer of the network. He will give an overview of methods to prevent these attacks and best practices on how to provide protection in complex cloud platforms. He will also outline what we have found in our experience managing and running thousands of Linux and Unix managed service platforms and what specifically c...
We're entering the post-smartphone era, where wearable gadgets from watches and fitness bands to glasses and health aids will power the next technological revolution. With mass adoption of wearable devices comes a new data ecosystem that must be protected. Wearables open new pathways that facilitate the tracking, sharing and storing of consumers’ personal health, location and daily activity data. Consumers have some idea of the data these devices capture, but most don’t realize how revealing and...
Many private cloud projects were built to deliver self-service access to development and test resources. While those clouds delivered faster access to resources, they lacked visibility, control and security needed for production deployments. In their session at 18th Cloud Expo, Steve Anderson, Product Manager at BMC Software, and Rick Lefort, Principal Technical Marketing Consultant at BMC Software, will discuss how a cloud designed for production operations not only helps accelerate developer...
Peak 10, Inc., has announced the implementation of IT service management, a business process alignment initiative based on the widely adopted Information Technology Infrastructure Library (ITIL) framework. The implementation of IT service management enhances Peak 10’s current service-minded approach to IT delivery by propelling the company to deliver higher levels of personalized and prompt service. The majority of Peak 10’s operations employees have been trained and certified in the ITIL frame...
trust and privacy in their ecosystem. Assurance and protection of device identity, secure data encryption and authentication are the key security challenges organizations are trying to address when integrating IoT devices. This holds true for IoT applications in a wide range of industries, for example, healthcare, consumer devices, and manufacturing. In his session at @ThingsExpo, Lancen LaChance, vice president of product management, IoT solutions at GlobalSign, will teach IoT developers how t...