Signing agreements in languages you don't understand Thread poster: Mirko Mainardi
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Hi everyone, I was recently contacted by a Japanese company, which proposed me a collaboration. After agreeing on rates and passing a short translation test, their VM informed me they had sent me two physical copies of an NDA to sign (one for me and the other to send back to them via traditional mail)... written in Japanese. They also said they would send me a "summary" of the NDA in English, but still, I feel very uncomfortable signing something I cannot ... See more Hi everyone, I was recently contacted by a Japanese company, which proposed me a collaboration. After agreeing on rates and passing a short translation test, their VM informed me they had sent me two physical copies of an NDA to sign (one for me and the other to send back to them via traditional mail)... written in Japanese. They also said they would send me a "summary" of the NDA in English, but still, I feel very uncomfortable signing something I cannot understand and told them I obviously cannot agree to, and sign, something I can't even read... and that what I could do is read, and agree if I found it acceptable, the English version they would send me, IF that was the legally binding one. Their reply was that many Japanese companies require signed physical documents, which must be written in Japanese, and they asked me to wait for the documents to arrive, read the English summary and let them know if I had any doubts, so that we could discuss them. I also know that sometimes, when agreements are translated in other languages, they also include a specific clause that explicitly says that version is a translation from X, provided for the receiving party's convenience, and that it's the "original" version written in X that governs. My questions to the community are: has something similar ever happened to you? If so, what did you do? And if not, how would you handle it? Thanks. ▲ Collapse | | |
I wouldn't sign anything I couldn't understand. A translated summary is not good enough if it is not legally binding. As a minimum, they would have to provide a translation for which they guarantee accuracy, and accept that in case of discrepancy, Japanese clauses that are less favourable to you than the translated ones are unenforceable. "many Japanese companies require signed physical documents, which must be written in Japanese" That doesn't mean they are legally obl... See more I wouldn't sign anything I couldn't understand. A translated summary is not good enough if it is not legally binding. As a minimum, they would have to provide a translation for which they guarantee accuracy, and accept that in case of discrepancy, Japanese clauses that are less favourable to you than the translated ones are unenforceable. "many Japanese companies require signed physical documents, which must be written in Japanese" That doesn't mean they are legally obliged to do so. ▲ Collapse | | | It is out of question. | Apr 25, 2018 |
Why should someone sign an agreement without understanding? Given the general acceptance of English, I wouldn't find strange that an agreement is in English only. But you should never sign an agreement if you do not understand the content completely, let alone the language. Mirko Mainardi wrote: They also said they would send me a "summary" of the NDA in English, but still, I feel very uncomfortable signing something I cannot understand and told them I obviously cannot agree to, and sign, something I can't even read... and that what I could do is read, and agree if I found it acceptable, the English version they would send me, IF that was the legally binding one. ... I also know that sometimes, when agreements are translated in other languages, they also include a specific clause that explicitly says that version is a translation from X, provided for the receiving party's convenience, and that it's the "original" version written in X that governs. Thanks. They should provide you the exact (English) version. One plausible solution is that they send you the agreement in Japanese AND in English, both in a side-by-side two-column format, stating that the English text is the correct translation of the Japanese one. Is this a translation company? If so, this practice is a real shame Otherwise, I would only sign the "summary" Elif | | | Tom in London United Kingdom Local time: 13:57 Member (2008) Italian to English Sounds like a Mafia-type agreement | Apr 25, 2018 |
Nobody should ever sign an agreement they don't understand ! | |
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Lincoln Hui Hong Kong Local time: 21:57 Member Chinese to English + ... I wouldn't sign | Apr 25, 2018 |
I dont' think you can even legally sign a contract that you cannot read. | | | DZiW (X) Ukraine English to Russian + ... Eurofication | Apr 25, 2018 |
Indeed, if a company doesn't use (god forbid "doesn't like"!) English, they are surely yakuza or even worse, not just a company with documents in their language... Some more traditional companies require documents exactly in their* native language, which is ok even for Russia and Ukraine, not to mention stiff British or prim Japanese. Usually for external contracts they make a remark likeThis Agreement is made in 2 (Two) original copies of which each is in AAA and in BBB, with all variants having equal legal force. AAA shall be employed in all correspondence as well as in technical information. , but as far as one cannot understand/trust a translator: 1) use a double-column contract; 2) specify that "AAA (or BBB) version of the present contract is binding"; 3) have the translation AAA signed and stamped by notary; or vice-verse. At least, there're specialists (linguists and lawyers) there, yet ain't it funny translators don't know what to do with translations?
[Edited at 2018-04-25 16:08 GMT] | | | |
I wouldn't sign. Sounds really risky. | |
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Lian Pang Netherlands Local time: 14:57 Member (2018) English to Chinese + ...
If you are hired as a regular employee at some company, would you sign a contract you can't understand ? Yeah. | | |
Why don’t they just get it translated? How long can it be? I would walk away from this, but to be honest I don’t really understand most English contracts I read but I still sign them... | | | Eleonora_P Italy Local time: 14:57 Member (2012) English to Italian + ...
Elif Baykara wrote: Is this a translation company? If so, this practice is a real shame Otherwise, I would only sign the "summary" Elif That's exactly the first thing that came into my mind! I would NOT sign what I cannot understand. | | | DZiW (X) Ukraine English to Russian + ... tying oneself in (slip)knots | May 3, 2018 |
First of all, a reasonable man should always consult a decent lawyer before signing ANY contract in ANY language--at least because of (1) possible shortcomings, nuances, and (2) unfair practices or abuse. Furthermore, external contracts bring even more hazards for (3) translation mistakes, overcomplicating interpretations of the agreement, not to mention intercultural discrepancies. For instance, are you afraid of doctors only because you don't understand Latin, ... See more First of all, a reasonable man should always consult a decent lawyer before signing ANY contract in ANY language--at least because of (1) possible shortcomings, nuances, and (2) unfair practices or abuse. Furthermore, external contracts bring even more hazards for (3) translation mistakes, overcomplicating interpretations of the agreement, not to mention intercultural discrepancies. For instance, are you afraid of doctors only because you don't understand Latin, don't know chalk from cheese in running diagnostics, and can't tell pharmacokinetics from pharmacodynamics? What about other specialists in other fields, a big no-no? Yet how people solve such problems, I wonder? ▲ Collapse | | | To report site rules violations or get help, contact a site moderator: You can also contact site staff by submitting a support request » Signing agreements in languages you don't understand TM-Town | Manage your TMs and Terms ... and boost your translation business
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