The law in force. This Agreement is governed by California law without regard to its conflict of laws rules, supersedes all prior agreements or understandings between you and us, and cannot be orally modified. You and we agree to submit to the personal jurisdiction of the national and federal courts in Los Angeles County, California, for all actions in which the parties wish to retain the right to seek reckless or other equitable remedies in a court of competent jurisdiction to prevent infringement, misappropriation, or infringement of a party`s copyright. Trademarks, trade secrets, patents or other intellectual property rights, as described in the “Dispute Resolution by Arbitration” section below. All distribution agreements are potentially contrary to EU and UK competition law. Those appointing distributors must carefully assess the nature of the agreements they wish to conclude and possibly ensure that they fall within a de minimis exception or other appropriate specific exception. Think about how long it usually takes to design and negotiate an English-language business contract for your client – and how much the parties can argue over the inclusion or exclusion of a single word or phrase. In the event that two languages are used and signed by a client, negotiations and issues should address both contractual formats. If the parties sign a contract and it is considered part of their agreement, they should be aware of this; Their ignorance of the foreign language will not be an excuse. Poor translations lead to the loss of accurate language. In many cases, a solo or small lawyer tries to reduce costs for the client by hiring a non-lawyer to translate contracts. There are stories of people using secretaries to translate contracts (“She speaks Spanish, no matter what dialect”) or computer programs.
Even obtaining flat-rate translations of translation services can be problematic if they do not explain the range of potential translations that may result from a particular legal sentence. A translator may be required to choose between three, five, ten or zero words in a foreign language for a particular legal concept that the lawyer initially described in a legal contract. A translator who is not a lawyer may not fully understand the goods or services described, the conditions of use and use in the area used or the importance of maturation in this description. If this is not taken into account in the translation and the legal implications of the choice of words are not understood, the effect of the lawyer`s carefully crafted contractual language may be completely lost when translating into a second language….