Introduction

When it comes to legal documents, the language they're written in is just as important as the details they contain. It's a common belief that English is the go-to language for all legal paperwork, particularly in business and across borders. However, the situation is more complex than that.

The need for using English or another language in legal documents hinges on a variety of factors, such as the local legal requirements, the countries involved, and what the document is actually for. In this article, we’ll consider the scenarios where English is necessary for legal documents and instances where other languages are perfectly acceptable.

Read: 7 common contract mistakes that could cost your business thousands

Local and official languages

The requirement for the language used in legal documents largely depends on the country’s official language. In countries where English is the official language, such as the United States, United Kingdom, Australia, and many others, legal documents are typically drafted in English. However, the world is a big, diverse place, and many countries boast more than one official language—making the choice a bit more colorful.

Take Canada, for example, where English and French share the spotlight. Legal documents can be drawn up in either language, depending on which part of the country you’re in and what the local legal rules demand.

Similarly, South Africa has eleven official languages, and legal documents can be drawn up in any of these languages, though English is most commonly used in business and legal settings.

So, when creating or or signing legal agreements across different countries, it's crucial to factor in the local language. This ensures that every detail is legally precise and effective. By doing so, you're not just smoothing out business processes; you're also fostering trust and respect with your international partners, making every interaction more straightforward and reliable.

Read: The importance of having a dispute escalation process in your contracts

International agreements and business contracts

In international business, it’s common for contracts and agreements to cross language barriers, involving companies from different countries where different languages are spoken. To make sure everyone’s on the same page, these contracts are often drafted in multiple languages. This approach ensures that all parties involved have a clear understanding of the agreement's terms.

These multilingual documents typically include a clause stating which version will be the "official" one in case there’s a disagreement or legal challenge. This is crucial for avoiding confusion and ensuring that there's a definitive text to refer to if disputes arise. For example, a typical clause might read:

“This agreement has been executed in both English and Spanish. In the event of any discrepancies or conflicts between the two versions, the English version shall prevail as the official and binding document.”

Adding this type of clause specifies which language version of the document is authoritative, creating a clear standard for everyone involved. This reduces the chance for misunderstandings and ensures there’s a definitive version to use if any disputes arise.

You’ll find, however, international agreements are commonly written in English, as English is the language for global commerce and trade. For instance, imagine a contract between a German company and a Brazilian company. To accommodate both parties, the contract might be written in both German and Portuguese. Alternatively, they might decide to use English, the common business language for many international deals, if both parties are comfortable with it.

This approach not only helps mutual understanding but also streamlines communication and legal processes across different landscapes.

Read: What’s a non-compete clause and should I have one in my business contract?

Translation, certification and notarization

When translating legal documents in another language, it’s essential to use professional translators who are well-versed in legal terms and concepts in both the original and target languages. Accurate translation is critical because any errors can change the intended meaning of contract terms or legal duties, potentially causing serious misunderstandings or legal mistakes.

Furthermore, translated documents usually need to be certified or notarized. This step confirms the accuracy of the translation and establishes the credibility of the translator. It adds an official layer of trust and legal validity, which is particularly crucial in international dealings or legal situations that involve documents from different countries. This ensures everyone is on the same page—literally and figuratively—about what the documents say and mean.

Conclusion

While English is commonly used in global business, it's not the mandatory language for all legal documents. The requirement to use English or any other language depends on where you're conducting business, the local laws in place, and the specific demands of your transaction. It’s like making sure you're speaking the same language as everyone else in the room to avoid any miscommunication.

For those dealing in international agreements or managing legal matters across different regions, it's crucial to grasp the language requirements. Ensuring your documents are accurately translated and certified helps everyone involved understand the exact terms of the agreement.

Just as you'd consult a local expert when navigating a foreign city, it’s wise to seek advice from legal professionals familiar with the language and legal norms of the area you’re dealing with. They’ll help you avoid any legal missteps and ensure your documents are perfectly tailored to meet local standards.

How Cobrief can help with contract review

Reading your business contracts can feel overwhelming as an owner-manager of a small to medium-sized business. That’s where Cobrief comes in. Cobrief helps business owners and operators review their business-to-business contracts for legal risks.

Upload your contract to Cobrief's AI contract review software, click review and you’ll get a list of all the risks, in plain English. This helps you decide whether to sign, negotiate or reject the terms of your contract, or hire a lawyer. Think of it as a heat map for your contracts.

Get started here.