We've blogged about professional legal translation and court interpreting services for international law cases. Depending on the jurisdiction chosen in the Choice of Law Clause, other parts of the contract will vary in accordance to the laws of the chosen jurisdiction. However, several other clauses should always be included in an international contract, including an arbitration clause.
Language translation and foreign language interpreting issues are often a consideration when doing business abroad. When doing business with foreign suppliers, one should seriously consider having them sign an OEM Agreement that forbids them from having any direct contact with one's US customers. Without such an agreement, the foreign suppliers can contact all US customers. This, needless to say, is bad for business as when one's customers' learn where they are getting the product from, they may go directly to the supplier instead of to the original company. Furthermore, it is suggested that a company using foreign suppliers should also have their US customers sign an agreement not to deal directly with any of that company's suppliers.
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Foreign language translation and language interpretation issues often come up in class action litigation. We've blogged about the role of certified translations by professional human translators in the process of certification for a class action. Kellogg, the nation's largest cereal producer, is facing a class action suit based on its Cocoa Krispies brand's claim that the cereal helps boost children's immunity to illness. Filed in California, the suit states that the company has made "false and misleading statements about the chocolatey, sweetened rice cereal".
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Professional translation services play an important role in arbitration as it is becoming increasingly common for parties to submit disputed international contracts to arbitration. The reason for this is that arbitration offers several distinct advantages over litigation in foreign courts - namely the ability to select the place, language, decision maker and procedure for the arbitration.
Continue reading "Document Translation Services and Successful International Arbitration" »
We've blogged about legal translations in the context of global M&A market, and about Chinese translations. Any attorney specializing in mergers and acquisitions (M&A) should advice clients planning any merger - even between companies from the same country, to find out whether or not the would-be partner is exporting to China or manufacturing products there.
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When a case involves parties and documentary evidence located in various countries, an issue of jurisdiction may arise. Typically, jurisdiction is determined by where the majority of the action took place. In a case involving the sale of a forged Picasso print, Plaintiff moved to dismiss the claim from New York jurisdiction on the basis that much of the documentary evidence was located in Switzerland and required a foreign language translation. Specifically, the print, several experts and the actual wrongdoing were all in New York. However, much of the documentary evidence and some witnesses were located in Switzerland.
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Legal translation plays an important role in day-to-day operations of any going concern with a foreign ownership interest. When one has a successful business, the owner often wants to transfer ownership to a relative or relatives. However, without careful tax planning, the relatives inheriting the business quickly find themselves having to sell the business in order to pay estate taxes. This unfortunate situation can easily be avoided with careful planning - particularly if the business is foreign-based.
We've blogged about professional translation services, foreign language-speaking employees and the employer's vicarious liability, and about legal translation and legal interpreting services to ensure compliance in employment recruiting. In the United States, employers have no legal recourse to securing employment references for prospective employees as the US legal system does not contain such a requirement.
Continue reading "Legal Translation Online and Getting Employer References in the US Legal System" »
Professional legal translations of prenuptial agreements by professional legal translators play an important role. A premarital agreement is an agreement between parties contemplating marriage that either alters or confirms the legal rights and obligations that arise in the case of divorce or, sometimes, death. Although prenuptial agreements are widely accepted by U.S. courts - so long as various legal requirements are met - issues arise when a prenuptial agreement was made in a foreign country, or a U.S. prenuptial agreement is brought forth in a foreign country.
June 11, 2010 Legal Translation Services, International Contracts and the Benefits of Arbitration We've blogged about professional legal translation and court interpreting services for international law cases. Depending...
May 12, 2010 Language Translation and Tortuous Interference with a Contractual Relationship Language translation and foreign language interpreting issues are often a consideration when doing business abroad....
March 25, 2010 Language Translation, Class Actions and Foreign Language Speakers Foreign language translation and language interpretation issues often come up in class action litigation. We've...
January 20, 2010 Document Translation Services and Successful International Arbitration Professional translation services play an important role in arbitration as it is becoming increasingly common...
December 15, 2009 Legal Translation and Mergers and Acquisitions in China We've blogged about legal translations in the context of global M&A market, and about Chinese...
December 3, 2009 Legal Translation, Jurisdiction and Foreign Language Evidence When a case involves parties and documentary evidence located in various countries, an issue of...
