Your client can tell you, "I can`t read a Chinese contract. What am I going to do with it? I don`t know what I have to do. It may be quick, cheap and easy when we have a conflict in China, but it seems to me that is not the case at the moment. The simple solution is to provide your client with a translation for his own use and daily reference. Is it the same as the recommendation to include in the treaty a clause stipulating that the Chinese version of the contract is official and that the English translation applies, except in the event of a conflict? No no. The English translation is only for reference purposes - it does not even need to be made available to the other party, and it does not need to be signed by them. The mere copy of a contract means that there is only one language negotiation, a sentence negotiation and a version of the contract that could never be controversial. We all know that the language of the treaty can be quite arkane, technically, dense and quite difficult to understand and even ambiguous. Just try to read any agreement online if you download an app or computer program, and you know what we think. In fact, most English-language contracts, developed by U.S. lawyers, begin with a long definition period that defines all contractual terms. These hypertechnical, dense, "fine print" contracts do not fly in China.
Simply put, the Chinese use simple language. Some states have also adopted specific rules on translation. For example, Texas Rule of Evidence 1009 provides a general overview of the authorisation and intercess of foreign language translations as documentary evidence. Translation of a document into a foreign language is generally permitted provided that it is accompanied by an affidavit from a qualified foreign language translator, indicating the translator`s qualifications and that the translation is fair and correct. There are also procedures for submitting the document to the other party and contradicting the translation. For states that do not have such rules of evidence, the parties can nevertheless establish the Texas rule as a rule for establishing a reasonable record of the reliability of the proposed translation. What does this mean for your business? The general message here is that you have to enter into a contract with a quality Chinese language contract from the beginning. Because false translations will kill you in China, you and your company do not want to be at the mercy of an English-speaking treaty that has been mistranslated into Chinese or a Chinese language treaty that is not done by yourself.