July 2, 2008

Foreign Language Translation and International Conflict of Laws

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.

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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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June 25, 2008

Corporate Translation Services and International Arbitration

Professional translation services play an important role in arbitration. Nearly every industrialized nation has an International Arbitration Act on their books. Although every nation’s Act is unique, all are similar in purpose – to facilitate the mediation and arbitration of international commercial disputes. Further, all states who have International Arbitration Acts agree to specific formalities as part of the International Arbitration Convention.

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June 16, 2008

Document Translation and Enforcing U.S. Judgments in Europe

With the growing economic and political strength of the European Union, more and more transatlantic business is being conducted. This leads to an increase of transatlantic business contracts. Such contracts need to be translated into the language or languages of the European country, with which the U.S. company is conducting business. And, the more international business transactions there are, the more blurred the law that governs the enforcement of contracts becomes.

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May 30, 2008

On the Role of Translator’s Affidavit in Litigation, Court Proceedings & Arbitration Proceedings

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?

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May 29, 2008

Foreign Language Translation in Context of the Foreign Corrupt Practices Act

As the Foreign Corrupt Practices Act (FCPA) is aimed primarily at international transactions, the issue of accurate foreign language translation becomes essential to avoiding legal trouble. According to the FCPA, it is a crime to, among other things, to bribe a foreign official.

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May 27, 2008

Deposition Interpreters and Preparing for a Foreign Language Deposition

When it comes to depositions involving non-English-speaking witnesses, the last thing an attorney wants is surprises – especially from their client. This is why preparing your client and all other individuals involved in the deposition is essential. Nowhere is this truer than when dealing with a foreign language speaking witness, who requires services of a deposition interpreter, in the context of a cross-cultural deposition.

When preparing for a foreign language deposition, keep these tips in mind:

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May 23, 2008

Legal Document Translation- the Other Side of Language Translation Process

When talking about foreign language translation and interpretation and foreign languages in the legal sense, it is natural to think in terms of the act of translating a legal document or testimony from one language to another. However, when used in the context of international law, this concept also means translating and interpreting foreign laws from one legal language to another.

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May 19, 2008

Language Translation and Securities Litigation

As more and more countries are opening up to Western trade, there is an influx of securities and related litigation matters, often requiring professional translation services. A prime example is China. As more and more of its products come to foreign shores, it is beginning to feel the pressure put on by a foreign legal system. In other words, when a Chinese product or company has connections to the U.S., it can quickly become snared in the U.S. legal system – which is an entirely different dragon to what China is used to.

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May 14, 2008

Document Translation, Attorney-Client Privilege and Foreign Companies in U.S. Courts

Earlier we blogged about the role of foreign language translation in transnational litigation. When a foreign company is involved in U.S. litigation, regardless of whether it is against a U.S. company or not, there are several important factors to keep in mind. As an attorney representing the foreign company, of particular interest is the extent of attorney-client privilege. As both the U.S. and foreign country’s Code of Civil Procedure may apply – knowing when communications are privileged and to whom this privilege extends to is essential.

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May 12, 2008

Language Translation and Interpreting Issues- Standards of Review when Challenging Ability to Communicate with Court

A non-English-speaking defendant’s inability to communicate with the court can lead to an appeal related to foreign language translation and court interpreting issues. As the majority of jurisdictions mandate that a foreign language speaker be able to use a foreign language court interpreter in order to communicate with – and understand – the court, an appeal will be based on some issue related to the lack of or adequacy of the foreign language translation.

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May 8, 2008

Foreign Language Translation and International Accounting Litigation

Like many professional specialties – including the law, computer science and medicine – the field of accounting has many terms that are particular to the accounting profession. Although people within the finance and accounting field understand these trade terms, these terms often do not translate easily outside the profession. This is particularly true when accounting documents need to be translated into a foreign language for transnational and cross-border accounting litigation.

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May 6, 2008

Determining the Unavailability of Foreign Language Translator/ Interpreter to Provide Expert Witness Testimony in Person- Telephonic Evidence

Earlier we blogged about the admissibility of the telephonic expert witness testimony by a foreign language translator/ court interpreter. One key factor in a court’s decision to allow telephonic testimony is whether or not the witness is available. Thus, in order to admit foreign language translator testimony via telephone, a party must sufficiently demonstrate that in fact the foreign language translator/ interpreter is “truly unavailable”.

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