June 27, 2008

Language Translation & Interpreting for Attorneys, and Challenging Arbitrators under an International Arbitration Act

Earlier we’ve blogged about corporate translation services in the context of international arbitration. Although the purpose of arbitration is to allow for the amicable resolution of business disagreements, sometimes a party will be left unsatisfied with the choice of arbitrator. Both the arbitration done under the Rule of Arbitration of the International Chamber of Commerce (ICC) or via internal (ad hoc) rules allow for a challenge. When raising a challenge, specific requirements must be met:

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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 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.

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March 3, 2008

Wiretap Translation, Drug Slang Evidence Translation, and Professional Translation Services of Street Savvy Translators

Translations of foreign language wire interceptions play a pivotal role in criminal cases. Earlier we’ve blogged about admitting English translation/ interpretation transcript of foreign language recording… without admitting the foreign language recording, about translation of foreign language slang in the courtroom, and about qualifying a foreign language interpreter as an expert. Other interesting issues arise when translators and interpreters are asked to provide translation of wiretaps, and later testify in court on the foreign language drug slang evidence in those wire intercepts. To help your case, consider hiring professional translators, who happen to be street smart.

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January 10, 2008

Can a Foreign Language Word Get a Trademark Protection?

When a company files an intent-to-use application under 15 U.S.C. 1051(b)(1) in order to register a term, the word cannot be descriptive or deceptively misdescriptive of the company’s good or service. An issue can arise when the applied for word is also a foreign language word. Its English translation can play a pivotal role in the trademark application and review process.


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December 12, 2007

Translation of Last Will and Testament, and Submitting a Foreign Language Will to Probate

It is a longstanding rule of law in the United States that a will does not have to be written in English in order to be submitted to probate. According to Heupel et. al. v. Heupel et. al., “In the absence of a statute to the contrary, it is not necessary that a will be written in English or any particular language.” 174 P.2d 850 (OK 1946).

Thus, unless a statute states to the contrary, as long as the will satisfies all other jurisdictional requirements, including being written, testified to and witnessed, a foreign language will may be submitted for probate.

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November 16, 2007

Document Translation, NAFTA and Enforcing U.S./Mexican Judgments

Legal document translations play an increasingly important role in enforcing international contracts. NAFTA, for instance, has caused a dramatic increase in the amount of legal agreements occurring between Mexican and American parties. As a result there has also been an increase in the need for enforcing judgments across the U.S./Mexican border.

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November 14, 2007

Foreign Language Document Translation, and Using Foreign Law as Evidence

Legal document translation services are important to litigators. During cross-cultural litigation involving legal aspects from both the United States and a foreign country, litigators and attorneys in general are often required to prove foreign points of law.

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November 7, 2007

Foreign Language Libel, and Translation: How to Plead the Case

Libel is defined as defamation that takes the form of writing. In general, in order to plead a case for libel, the pleading must show that the statement in question used defamatory language or language that adversely affects a person’s reputation. Further, the writing must be about the plaintiff and must be communicated to a third person.

When the alleged defamatory writing is written and communicated in a foreign language, determining whether these elements are satisfied presents a unique challenge to the court.

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October 27, 2007

Accurate Translations Hold the Keys to Binding Cross-Border Prenuptial Agreements

Attorneys drafting cross-border premarital agreements occasionally overlook the importance of professional document translation and language interpreters. At its most fundamental level, a prenuptial agreement is nothing more than a contract and thus must conform to the basic laws of contract.

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October 25, 2007

Admitting English Translation/ Interpretation Transcript of Foreign Language Recording without Admitting the Foreign Language Recording

It is well established that a foreign language recording is an admissible form of evidence. It is also well established that an English translation/ interpretation transcript of the foreign language recording may be introduced as substantive evidence in order to aid the jury in understanding the recording. However, a relatively recent development in the law is whether or not an English translation/ interpretation transcript of a foreign language recording can be admitted even when the foreign language recording is not.

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October 18, 2007

Admission of Foreign Language Recordings- Standard of Review

When taped-recorded conversations in a foreign language are part of the evidence, an English translation of the foreign language tape recording - referred to as the official English translation/ interpretation transcript- is typically presented at trial.

When an appeal is based on a claim of improper admittance of a foreign language recording during trial, the proper standard of appellate review is for an abuse of discretion.

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October 10, 2007

Patent Translation Costs To Drop as France Ratifies London Agreement

Thanks to I/P Updates we just learned that France has ratified the London Agreement. This fact does away with the need to translate patents into all the languages of the EPO's Contracting States. Your clients no longer need to worry about needing Bulgarian translations; Czech translation; Danish translations; Dutch translation; Estonian translations; Finnish translations; Greek translations; Hungarian translations; Icelandic translations; Irish Gaelic translations; Italian translations; Latvian translations; Lithuanian translations; Luxembourgish translations; Maltese translations; Polish translations; Portuguese translations; Romanian translations; Slovak translations; Slovenian translations; Spanish translations; Swedish translations; and Turkish translations.

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