Translation in International Judicial Proceedings: A Pillar of Litigation and Arbitration
The judicial procedure is a process that resolves legal disputes in a fair manner, following specific regulations. In the international arena, differences between civil law and common law complicate cross-border disputes. The growth of global trade has boosted both international litigation and arbitration. Sectors such as trade, intellectual property and energy are prone to such disputes. Here, legal translation plays a crucial role, as errors in interpretation can have serious consequences. It is essential to have specialized translators who understand both the linguistic and legal context.
Content
- First of all, what is a judicial proceeding?
- Differences between international judicial systems
- International litigation and arbitration: an increasingly common reality
- The importance of translation in international legal disputes
- What then about slippage in this field?
- Relevance of specialized translators and technical knowledge
- Common language pairs in international litigation
- Glossary
First of all, what is a judicial proceeding?
A judicial proceeding is a legal process by which one or more parties submit their disputes to the evaluation and resolution of a court, following a series of previously established rules and regulations. This process may involve both the interpretation and application of laws in a specific context, and involves various stages, from the presentation of evidence to the issuance of a judgment or verdict. The main objective of these procedures is to ensure that disputes are resolved in a fair and equitable manner, ensuring that the rights and obligations of the parties involved are met.
Court procedures can vary considerably among different jurisdictions and legal systems. In some countries, cases are resolved in oral hearings; in others, written pleadings predominate. At the international level, the situation is further complicated when parties from different countries are involved in cross-border litigation, which introduces language barriers and differences in legal frameworks. This is particularly evident in international litigation and arbitration, two types of dispute resolution that have increased as the world has globalized.
Differences between international judicial systems
Each country has its own approach to dealing with legal disputes, influenced by its history and legal system. Two of the most prominent systems are civil (or codified) law and common (or common law) law. The former, used in countries such as France, Spain, and Germany, is based on written codes and laws, while the latter, used in places such as the United States, the United Kingdom, and Canada, is based on judicial precedents and past cases.
For example, in the civil law system, hearings tend to be less extensive and most of the legal work falls on written submissions to the court. In contrast, in common law countries, oral hearings and witness examinations are central elements of the process, and previous court decisions play a significant role.
The diversity of judicial systems around the world creates a number of complications when it comes to resolving international disputes. Courts and arbitrators find it necessary to adapt their procedures and approaches to accommodate the differences of the countries involved. For example, a dispute between a French company and a U.S. company may require the interpretation and application of both legal systems, a challenge in itself. These cases demand not only a thorough technical knowledge of the law, but also precise linguistic skills that allow for an accurate translation of legal terms.
International litigation and arbitration: an increasingly common reality
The growth of international trade and investment has increased the number of cross-border disputes, which in turn has led to a boom in international litigation and arbitration as mechanisms for resolving these conflicts. International arbitration, in particular, has gained popularity due to its flexible nature and its ability to offer faster and more confidential solutions compared to domestic courts.
Some of the sectors where international litigation is most prevalent include:
- International trade: Disputes related to commercial contracts, breaches of agreements or conditions of shipment of goods.
- Intellectual property: Patent, copyright and trademark disputes between companies from different countries.
- Foreign investments: Cases in which investors sue a state for breaches of investment treaties, as is common in the framework of ICSID (International Centre for Settlement of Investment Disputes).
- Energy and natural resources: Disputes over resource exploitation or contracts in countries with high extractive activity.
In terms of international litigation, the countries most involved in these processes tend to be the United States, the United Kingdom, China, Germany, France, and Japan, due to the size of their economies and the extensive network of trade relations they maintain. Similarly, the most prominent arbitration centers include London, Paris, Singapore and Hong Kong.
The importance of translation in international legal disputes
When the parties to a dispute come from different countries, the language barrier becomes a critical factor that can influence the development and outcome of the dispute. In this context, translation becomes an essential tool to ensure transparency, understanding and fairness in legal proceedings. Incorrect interpretation of legal terms, contractual clauses or witness statements can have catastrophic consequences, altering the meaning of an argument or the validity of evidence.
One of the key challenges in international legal translation is terminology. The legal systems of different countries may use terms that do not have a direct translation in another language. A clear example is the term "equity" in common law, which has no exact equivalent in civil law, requiring the translator to understand not only the term in its original language, but also the concept it represents. A simple error in the translation of such complex terms can lead to serious misunderstandings and, ultimately, to unjust court rulings.
What then about slippage in this field?
Translation errors in the context of international litigation and arbitration can have serious consequences, affecting all parties involved. An inaccurate translation can distort the true meaning of a contract or a statement, leading to an erroneous legal result. For example, if a translator misinterprets a contractual clause during an arbitration between two multinational companies, the party that was initially right could lose the case due to a misinterpretation of the document.
In addition, poor translations can lead to additional costs in time and money, as parties may be forced to repeat proceedings or renegotiate agreements. In more extreme cases, an error in translation could result in the impossibility of enforcing a judgment in a foreign jurisdiction, rendering the entire dispute resolution useless.
Accuracy in translation refers not only to the correct rendering of words, but also to the understanding of the legal and cultural context. For example, in the Japanese legal system, the concept of "harae" refers to the purification of a transgression, but its meaning goes beyond mere legal guilt; its incorrect interpretation could lead to a lack of understanding of the merits of the case.
Relevance of specialized translators and technical knowledge
Legal translation in international litigation requires highly skilled professionals. It is not enough to be bilingual; it is necessary to have a deep knowledge of the law, as well as of the judicial systems and regulations of the countries involved. A translator working in these cases must be able to understand complex legal terms and know how to translate them correctly into the target language without losing the meaning and original intent.
In addition, it is crucial for the translator to be familiar with the procedure and the particularities of the legal systems involved. In an international arbitration between a French company and a Chinese company, for example, the translator must not only be fluent in French and Mandarin Chinese, but also understand the legal nuances of both civil law and Chinese law, which has a particular legal structure.
Common language pairs in international litigation
Given the predominance of certain economies in international legal disputes, certain language pairs are more common in these types of proceedings. The most frequently translated languages in these cases include:
- English and Spanish: Especially in Latin America and disputes with U.S. or European companies.
- English and French: In litigation involving French-speaking countries and the English-speaking world.
- English and Mandarin Chinese: Given China's crucial role in global trade.
- English and German: In disputes related to the European Union or large German companies.
Due to its status as a lingua franca in international trade and business, English is involved in most international litigation and arbitration. This is because many multinational companies, financial institutions, and commercial treaties operate and are drafted primarily in this language, regardless of the native languages of the parties involved. As a result, the demand for translators with a high degree of specialization in international law who can work with English accurately and efficiently is essential.
Then...
Globalization has made international litigation and arbitration a common reality in the modern world. In this context, translation plays a key role in ensuring that disputes are resolved fairly and accurately. Specialized translators must not only be proficient in several languages, but also understand the complex nuances of the legal systems involved. An error in translation can have serious consequences, from unjust court decisions to the impossibility of enforcing a judgment. Translation in international legal proceedings is therefore not just a matter of words, but an art that requires precision, technical knowledge and a deep understanding of global law.
Glossary
- Legal ProceedingsLegal process in which a court resolves a dispute between two or more parties.
- Civil LawLegal system based on codes and written laws, predominant in countries such as France and Germany.
- Common lawLegal system based on judicial precedent, used in countries such as the United States and the United Kingdom.
- ArbitrationAlternative method of out-of-court dispute resolution, faster and more flexible.
- LitigationFormal legal process in which two parties face a dispute in court.
- EquityCommon law term referring to a principle of justice beyond strict legal norms.
- Legal translationConversion of legal documents from one language to another, ensuring accuracy in terms and concepts.
