Get Your China Contracts Written In Chinese, Not Translated
Every word matters in a contract and this is as true in Chinese as it is in any language, writes Dan Harris on Harris & Moure‘s China Law Blog.
“Words have very particularized meanings in contracts and those meanings are sometimes different in a contract than in real life. Contracts also have terms that have become recognized and defined over time,” he writes in the article. “The only people who can truly know how to use these specialized and particular words and terms are lawyers who know both China’s contract laws and who are completely fluent in written and spoken Chinese. On top of this, it is critical that the Chinese version explicitly reflect our client’s goals. To put it another way, we pretty much never see a ‘translated’ contract that works as intended.”
He explains the importance of having a judge or arbitrator being able to understand the Chinese language contract in the context of Chinese law.
