International Contract Translation:
The Mistakes That Cost You Dearly

An international commercial contract is a document that produces legal effects in at least two different legal systems. Translating it is not a purely linguistic operation: it requires legal expertise, familiarity with both common law and civil law systems, and attention to the terminological specificities of each legal order.

Errors in this field are not measured in stylistic improprieties. They are measured in disputes, ineffective clauses, or obligations unintentionally assumed.

The five most common mistakes

1. Translating common law terms with civil law equivalents. English law and continental law use concepts that are often incompatible. "Consideration" has no direct equivalent in Italian or other civil law systems. "Warranty" does not always equate to the technical sense of guarantee under the civil code. Translating without contextualising produces documents that appear correct but produce different effects from those intended.

2. Failing to adapt jurisdiction and governing law clauses. These clauses must be translated with absolute precision, as they define which court and which legal system will apply in the event of a dispute. An imprecision here can render a clause ambiguous or unenforceable.

3. Ignoring the differences between "shall", "will" and "may". In Anglo-Saxon law, these three auxiliaries carry precise normative weight: obligation, intention, discretion. Translating them all as "will" or "may" in the target language produces a less precise text and potentially ambiguous obligations.

4. Failing to maintain consistent terminology throughout the document. A lengthy contract uses the same technical terms dozens of times. If consistent terminology is not maintained from beginning to end, the door is opened to divergent interpretations between the parties.

5. Relying on the lawyer's review to cover translation errors. The lawyer knows the law, but not necessarily the linguistic nuances of the other language. Legal review does not replace translation quality: they complement each other, they do not substitute for each other.

Our approach to legal documents

Our translators specialising in legal matters have specific legal training and work exclusively in their native-language combinations. For more complex documents, the text is reviewed by a second specialist before delivery.

If you have a contract to translate — for signing, for filing or for use in proceedings — contact us for a preliminary assessment.