Translation errors cause disputes over contract terms

Source: China Daily
Story flagged by: RominaZ

Some companies try to save money by hiring students instead of lawyers

Translation errors in key contract terms have been responsible for igniting disputes between Chinese and foreign companies, the Shanghai Maritime Court said on Thursday after reviewing archives in the past two years.

“Although such cases account for less than 5 percent of all cases, the avoidable mistakes brought about significant losses, especially to the Chinese side,” said Ying Xinlong, president of the court.

The court heard 1,981 cases about maritime and commercial affairs in 2011.

“The level of translation in the shipping field and navigation law shows a disparity with the municipality’s status as an international metropolis and an international shipping center,” Ying said.

In a case last year, “drydocking” was mistranslated as “tank washing” and “except fuel used for domestic service” was misinterpreted as “except fuel used for domestic flights” in the contract terms when it was translated from English to Chinese.

That caused controversies between the Chinese and foreign parties about their rights and obligations as well as their share of costs.

Some expressions are sanctioned by usage instead of literal interpretation, which are well-known by industry insiders but are strange to common translators, according to Jin Xiaofeng, a judge in the court. More.

See: China Daily

Comments about this article


Translation errors cause disputes over contract terms
neilmac
neilmac
Испания
Local time: 02:23
испанский => английский
+ ...
Interesting Mar 26, 2012

The headline could also have read "Some companies try to save money by hiring students instead of translators"!
It's nice to see an article rasing this issue, which I see examples of on a regular basis in my Spanish-English pair. And I've also seen (and repaired) some real howlers of translations from Chinese on business websites.


 
Kuochoe Nikoi-Kotei
Kuochoe Nikoi-Kotei  Identity Verified
Гана
Local time: 01:23
японский => английский
There's more Mar 26, 2012

neilmac wrote:

The headline could also have read "Some companies try to save money by hiring students instead of translators"!


Not necessarily. The article also makes the point that most agencies and translators just aren't qualified to translate complex material like maritime contracts. Legalese+industry-specific terms+many agencies in China = disaster.


 
Vincent Lemma
Vincent Lemma  Identity Verified
Италия
Local time: 02:23
итальянский => английский
+ ...
Basement translations in the dark Mar 28, 2012

I think that this was a "basement translation", implying that this was done without research and competence. Personally, I always fully research such translations, especially contracts and pattents, where law on royalties, rights of intellectual property, civil law, etc. are all involved. This stuff is no joking matter and the fault is not only that of the translator (who needs to make his bread and butter) but of the agencies and of the sector as a whole.

 
Phil Hand
Phil Hand  Identity Verified
Китай
Local time: 09:23
китайский => английский
How ironic... Apr 3, 2012

A badly translated article about bad translation!
For example, I don't think the student point means what you think it means, Neil. They're actually saying, even if you were a star student at university, you're still going to find technical contract translation hard.
Nice to see poor translation recognised, but a shame they don't mention the biggest problem: lack of competent English speaking translators.


 

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