The debate regarding human foreign language translation versus machine-based foreign language translation during foreign language electronic discovery is one that may never be decided. However, one issue that is rarely thrown into the mix is how these two approaches handle translation of mixed language documents, i.e. documents written in more than one foreign language.
Depending on the quality of the original, source text, foreign language translations may sometimes be perceived as ambiguous. According to the Law of Contracts, one method for interpreting the terms of an ambiguously written contract is to look at any terms of trade used within the document. This refers to any terminology that has a special meaning within a given trade that is the subject of the contract. However, this can become an even more complicated task when the terms of trade are in a foreign language.
We've already blogged about foreign language translations in the context of reverse mortgage loans. But when it comes to foreign language translation in the context of real estate transactions, it helps to remember that there are two basic steps in conducting a valid real estate transaction - creating a valid deed and properly filing the deed. More so, each step may be affected when a foreign language real estate deed is involved.
Irrespective of the availability of foreign language legal document translations, various issues may come up in the context of foreign language evidence. What happens if an opposing party uses a foreign language document in an unethical manner and receives a favorable judgment because of it? Can the ruling be challenged, based on the unethical use of the document? If so, what is the standard of review?
April 18, 2008 Translating Multilingual Language Documents for Litigation Departments and Litigation Case Managers during e-Discovery The debate regarding human foreign language translation versus machine-based foreign language translation during foreign language...
April 16, 2008 Language Translation and Contract Interpretation: Foreign Language as Trade Use Evidence Depending on the quality of the original, source text, foreign language translations may sometimes be...
April 9, 2008 Language Translation, and Validity of Real Estate Transactions Conducted in a Foreign Language We've already blogged about foreign language translations in the context of reverse mortgage loans. But...
April 4, 2008 Challenging Unfavorable Ruling Resulting from Unethical Use of Foreign Language Documentary Evidence Irrespective of the availability of foreign language legal document translations, various issues may come up...
