Language Translation & Interpreting Services, or "What's That?...Do You Copy?"
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Earlier we've blogged about the role of professional translation services in the global economy. As China continues to develop as a dominant international business player, it is essential for the international lawyer to understand China's antitrust review process, and the role of English-Chinese and Chinese-English legal translations in this process.
Earlier we've blogged about document translation in the context of foreign regulatory evidence in products liability cases and about the role of professional translating and interpreting services in enforcing U.S. judgments in Europe. As the business world becomes more and more global, there are increasing instances of conflict of law questions. Essentially, a conflict of law arises whenever a business transaction spans two different countries.
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:
Earlier we blogged about language translation in the context of products liability claims in the presence of the English only warnings. Foreign language translation becomes even more relevant in product liability cases when the issue of foreign regulatory evidence arises in pharmaceutical lawsuits, mainly due to the international scope of pharmaceutical sales.
Foreign language document translation and language interpreting play an important role in the investigation and defense of money laundering cases. Money laundering occurs when an individual or organization attempts to disguise the origin of proceeds which stem from a preceding criminal act. In other words, it is the act of transferring the proceeds made from a criminal act in order to conceal their criminal origin. In the setting of international commercial arbitration, the following elements of the offense of money laundering need to be established:
Foreign language barriers, which are easily overcome with the help of competent medical interpreters, can cause various problems when they are ignored in a medical setting. According to medical malpractice theory, a physician may be held liable if his inability to adequately communicate with a patient prevents him from obtaining proper informed consent. This line of legal liability stretches from the Quintero v. Encarnacion case. In this case, the patient was only able to communicate using a few Spanish words.
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According to 37 C.F.R. 1.637 (2003) Rule 647, when a party relies on a piece of documentary evidence written in a foreign language, they must have the document translated into English and file an affidavit attesting to the accuracy of the translation.
So what happens when both parties submit separate affidavits by two different document translators attesting to having submitted an accurate translation?