Citizen Media Watch

april 11th, 2021

Mutual Agreement English To Chinese

Posted by lotta

A: Chinese lawyers and businessmen generally strongly oppose the traditional American conventional language. The Chinese use simple language. Often, U.S. companies insist on the use of common law contracts on the U.S. model. The Chinese page never reads English; they have the document translated into Chinese and work with the Chinese. When there are disputes in China, the Chinese court will often say, ”This treaty is just a translation of a standard treaty in the United States. Obviously, the Chinese side didn`t understand anything. That is why we will ignore the most important rules you rely on, and we will not enforce them. Many banks and investment funds have learned this to their detriment.

For example, many foreign-designed futures contracts were rejected in China because the courts found that the Chinese side simply did not understand the contract. The result is that Chinese companies have been granted freedom of movement, which is not a trivial problem. Q: How much of the contracts between Chinese companies (or government agencies) and non-Chinese companies is in English? If the contracts are in English, is it mandatory for the parties to also enter into a Chinese-language version? If so, what controls? I would also like to add that Chinese lawyers have great difficulty interpreting common law contracts in the United States and the United Kingdom. Their default approach is to guess the meaning, then translate it, and then work with the wrong translation, which, in every respect, leads to a catastrophe. A: Chinese law provides that the parties are free to choose the language of their contract. If the contract is in two languages, the parties are free to choose the language that is controlled. If the contract is in Chinese and English and the parties do not specifically choose a government language, a Chinese court or arbitration tribunal will take the Chinese version as a check. If the contract is in English, then the court or arbitral tribunal will appoint a translator to do the translation. These translators are often not very good, which causes many problems in disputes and arbitration proceedings, as the case is sidelined in translation disputes. Contracts with a foreign party in China are almost always concluded in a bilingual format, with English almost always being the other language.

For example, every contract between the Russian and Chinese parties I have ever seen is bilingual, Chinese and English. Q: Well, I`m glad that the Chinese market seems to appreciate a clear and clear design. Thank you, Steve! And chinese HATE contracts, which begin with a long list of complex definitions. They will just stop reading and will never get to the stuff. Or they will ignore the complex definitions because they know that Chinese courts and arbitration tribunals will ignore them as well. It is a much deeper subject than language. Chinese courts, Chinese lawyers and Chinese businessmen will not approve laws that make no sense under Chinese law. If you expect to sue in China, your document must comply with Chinese law. If you expect them to be able to enforce your contract in China, you must have a contract in accordance with Chinese law. Many bad contract letters in the United States involve the use of ten words to express a concept and design provisions to deal with all possible contingencies. For China, only the concept is important.

Another motivation for bad contract letters in the United States is to try to design jurisprudence or law. China does not care about U.S. cases or statutes. Chinese courts and arbitrators do not allow the provisions of Chinese law to be drafted with a black letter and do not allow results that they deem unfair or ill-intentioned.

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