Translation For Lawyers

We've blogged about certified Brazilian Portuguese translation services during arbitration in Brazil. Brazil has a well-developed judicial system and a strong tradition of litigation. Its judiciary is regulated by the Federal Constitution, adopted in 1988. In general, the Brazilian litigation procedure involves a unique, statutory proceeding with specific steps and requirements that must be met in order to take a proceeding forward to final judgment. Although final decisions are, in general, based on an interpretation of the facts as applied to the law, it should be noted that courts are regularly engaging in researching doctrine and judicial precedents when making decisions.

Thus, the system of recursos repetitivos - an instrument to facilitate the judgment of similar cases by rendering a decision in one such case that is binding on all other - should be kept in mind. More so, the Brazilian system does not provide for jury trials in civil matters.

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In prior blog posts about Chinese legal translation services we have discussed the importance of including a dispute resolution clause in a contract, particularly when dealing with a Chinese business. In this post we continue on this topic, first examining the steps one can take to avoid disputes, before delving into the 'worse case' scenario of taking legal action for the enforcement of contractual obligations in China.

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Engaging in dialogue with a person through an interpreter takes getting used to. Understanding that the interpreter is there to be a voice to both parties, but not take part of the conversation is challenging. After all, they are standing right in front of you! But a language interpreter's role is to remain accurate and impartial throughout the communication. The following tips will help you accomplish your duties most effectively when working with an interpreter.

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We've blogged about multilingual legal translation and data protection in the EU. Professional Chinese to English legal translation and English to Chinese translation services become relevant in the context of data protection in China. It is true that data protection in China is a bit of an oxymoron, as China actually lacks any resemblance of a comprehensive legal framework for regulating the use and disclosure of personal data. In fact, the country doesn't even have a national level law that states how a company can legally collect, process and retain personal data. So does this mean China is a free-for-all, Wild West landscape for the use of personal data?

Not exactly.

Although China lacks a specific data protection law, its laws, regulations and ordinances are scattered with important rules pertaining to data protection - making it a very complicated and risky landscape to navigate.

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We've blogged about legal translation services in the context of international arbitration in France and India. The need for Swedish legal translation services comes up in the context of international arbitration in Sweden. According to a recent article published in the National Law Journal, Sweden is thriving as a neutral arbitration destination. Sweden's history as a popular jurisdiction for international dispute resolution spans back to the Cold War era of the 1960s and 1970s. In order to simply the procedure of picking an arbitration jurisdiction between a communist and non-communist country, as trade relations began to open up between the US and the USSR many companies began looking for a neutral jurisdiction. It didn't take long for these entities to see Sweden as this neutral jurisdiction.

At the time, Sweden already had a reputation for its acceptance as a venue for international arbitration. In fact, it was because of this reputation that the USSR Chamber of Commerce and Industry and the American Arbitration Association created a model arbitration clause specifically for contracts between US and USSR entities, providing that Stockholm and the Stockholm Chamber of Commerce be the designated jurisdiction for arbitration matters. This agreement was continued post-Soviet Union, only ratified to recognize the Russian Federation but maintaining Stockholm as the preferred venue for arbitrations between the United States and the Russian Federation.

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Technology in the world today is making exciting advances at a rapid pace. New and innovative ideas are being shared around the world, with improvements and innovations in many technical fields. One of the key elements to that advancement is the ability to rapidly, and accurately, share information about that technology. With the ability to share, respond, and understand information about new technologies in real time, many of the pitfalls of the past can be avoided. One of the most important factors to this advancement is accurate technical translation. The language used in scientific fields can be very complex and specific. The technical terms used in many of the scientific fields are not commonly used language. Therefore, interpreting those terms from one language to another can be challenging. It is essential that the technical translation be accurate. Any errors can cause issues, dangerous situations, setback and even failures of projects.

Trusting technical translation to a computerized language translator can cause many of these errors to occur. While many of these translation programs are adequate for conversational language, the needs of technological translation are far more complex. Having a human translator who is not only fluent in the languages needed, but also in the scientific language needed, can guarantee the much higher level of accuracy needed for technical documents.

Continue reading "Professional Technical Translation Helps Get on the Same Page with Engineering Clients" »

We've compared professional document translation services by professional human translators with the process of challenging computer generated foreign language translations. Machine translation first came into being during the Second World War, when code-breakers realized that language is akin to a set of logic problems, and thus can be solved using a logic-based machine. The machine in question was a ciphering machine, used to decipher intercepted enemy messages. The same logic has been applied to computer-aided translation, with machines deciphering the meaning of one human language, and then translating those meanings into another. This technology has found a ubiquitous internet presence, aided most recently by the advent of Smart Phones with translator applications. However, machine-based translation, though popular, simply cannot replace human translation, and, when the text in question is important, should never replace professional translation.

Continue reading "The Verdict Is in: Human Translation Still Far Superior to Machine Translation" »

Professional French to English legal translations and English to French legal translation services play an important role in international arbitration in France. In 2011 France adopted a new law on arbitration (Articles 1142 - 1527 of the French Code of Civil Procedure) that governs both domestic and international arbitration and implements a more flexible regime for international arbitration cases. France has a long history of supporting the use of international arbitration, in fact being one of the first countries to adopt the Model Rules and this new system follows this line of support. The purpose of the reform was to make French law more accessible to foreign practitioners via the introduction of new innovations. Under its new system, it can be said that France has one of the world's most pro-arbitration policies available. This article explores why.

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Professional German to English legal translations and English to German legal translation services play an important role in international litigation. As the legal profession continues to become more and more global, many attorneys will find themselves involved in dispute resolution matters outside the US. One question that often arises for the international litigator is professional ethics. On the one hand, you are bound by the professional ethics of your home jurisdiction, but on the other there is the code of professional ethics governing the practice of the international jurisdiction. This raises the question of 'which professional rules do you have to comply with - the rules of the home country or the rules of the country you are practicing in, or even both? Common ethical questions that arise in such 'double deontology' situations include:

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Medical translation and medical interpreting present unique challenges to you when you admit a patient who speaks a different language. Regardless of how severe that patient's medical problems are, accurate diagnosis and treatment is absolutely necessary. It's vital for you to be able to communicate adequately with your patients. It's also vital for you to have a correct understanding of your patients' medical histories and any medical records you might need to review in treating your patients.

The field of medicine is a highly specialized industry that relies on absolute accuracy in order to ensure the proper diagnosis and treatment of patients. If you work in the healthcare industry, you're very careful about every piece of information that gets entered into your patients' charts. The slightest change in wording, or even a small, seemingly insignificant spelling error can have disastrous results for your patients.

Continue reading "The Delicate Nature of Professional Medical Interpreting and Medical Translation Services" »

We've blogged about legal translations in the context of Swedish patent law and EU patents. India's patent law has recently made the news following the decision of its Supreme Court to refuse to grant a patent to pharmaceutical giant Novartis for an updated version of Glivec - its cancer drug. This precedent-setting decision allows generic drug makers within India to continue to sell cheap versions of the drug - which is of real concern to the pharmaceutical industry that is looking at India's huge market.

The decision is based on section 3(d) of India's patent law, which states:

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

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We've blogged about the role of professional legal translation services in international antitrust cases. Last month the US District Court for the Eastern District of New York ruled that a Chinese company that supplied Vitamin C had acted in concert to fix prices for Vitamin C. In doing so, the supplier violated United States antitrust laws, awarding the US companies (acting as plaintiffs in a class action suit) $162.3 million in damages. However, only two defendants remained, with the other having previously entered into a settlement agreement. The two remaining defendants do plan on appealing the judgment.

This decision has important implications for international antitrust law, particularly for foreign companies exporting products to the US. For starters, the sum of the verdict is significant. In accordance with the Sherman Act, the $54 million in damages was automatically tripled. But even without the Sherman Act coming into play this is a significant chunk of change. For comparison purposes, the companies who had opted to enter into a settlement agreement paid only $10.5 million.

Continue reading " Legal Translation, Foreign Companies and the Use of the Foreign Compulsion Defense in Antitrust Cases" »

Certified legal translation and legal interpreting services are vital for international arbitration. The US Supreme Court is currently considering whether to grant certiorari in BG Group Plc. V. Republic of Argentina, a case that addresses various so-called 'gateway issues' and, in particular, the peculiarities that arise when gateway matters meet international investment arbitration.

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We've blogged about the importance of certified financial translation services in the context of FATCA. Now that with the Foreign Account Tax Compliance Act (FATCA) in full force, 2013 is a busy year for tax lawyers and tax filers. Although FATCA was passed in 2010, 2013 (for the 2012 tax year) is really the time it will be in full effect. This is primarily because the US government continues to reach compliance agreements with various foreign jurisdictions. In fact, early this year banking secrecy stronghold Switzerland bowed to FATCA, signing a bilateral agreement with the US government to 'improve tax compliance, combat international tax evasion and implement FATCA'. Currently the US is working with over 50 countries to curtail offshore tax evasion, including Norway, the UK, Mexico, Denmark, Ireland and Spain. Of course this means that foreign language translations of tax and accounting forms are now a regular part of tax compliance law.

At the heart of the Act is the information reporting and withholding requirement, which requires foreign financial institutions (FFIs) to report account numbers, balances, names, addresses and US taxpayer identification numbers to the US tax authorities.

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We've blogged about legal translation services that are required to authenticate non-English records. A precondition to admissibility of any document is authentication of the document or record. There are several provisions under the Federal Rules of Civil Procedure and the Federal Rules of Evidence that are of particular pertinence in cases involving public records and documents and foreign records of regularly conducted business activity.

The general requirement in FRE 901 provides that "authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what the proponent claims." While FRCP 44(a)(2) and FRE 902, discussed below, may provide for more direct avenues of authenticating foreign documents. Conversely, a district court abuses its discretion if it requires a certification as a mandatory pre-requisite to authenticating the document and refuses to consider evidence proffered by the proponent.

FRE 902(3) provides that a foreign public document that purports to be executed or attested by an official empowered to execute it is self-authenticating if it is:

[A]ccompanied by a final certification as to the genuineness of the signature and official position (1) of the executing or attesting person, or (2) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in chain of certificates of genuineness of signature and official position relating to the execution or attestation.

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