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.
When dealing with an international contract dispute, opting for arbitration over the court room is usually a better option. For starters, trying to operate in a foreign court – with foreign language translation and interpretation requirements and new procedures – is difficult.
Arbitrations, on the other hand, are governed universally by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. For example, if in court you win a judgment, there is little stopping the other party from simply returning to their home country without compensating you. Foreign judgments are difficult to enforce. But, under the Convention, judgments handed down by arbitrators are enforceable across borders. In addition to including an arbitration clause, you should also include an arbitration process clause. This clause ensures not only what specific disputes will be subject to arbitration, but how the process will proceed – including how to choose an arbitrator, the language of the arbitration and how foreign language translations will be handled.