From Jumping Frogs to Graffiti-Painted Walls Legal Issues Caused by Mistranslation in International Commercial Arbitration

Rutgers Conflict Resolution Law Journal, Vol. 7, pp. 1-43, 2010

43 Pages Posted: 9 Sep 2010

See all articles by Myanna F. Dellinger

Myanna F. Dellinger

University of South Dakota Law School

Date Written: April 1, 2010

Abstract

In a world of global business and connectivity, the translation industry has become vital to today’s commercial players. Nonetheless, translation services are often considered fungible and thus not given much thought. This often leads to mistranslation and legal problems requiring solution by international arbitral institution and courts of law.

This article examines existing translation standards in select arbitral conventions, institutional rules, and select national legislation. On that background, it analyzes typical resolutions of legal issues caused by substandard translation in both arbitral and post-arbitral proceedings. In spite of some existing rules governing translation, the outcome of quasi-legal and legal proceedings in this area is highly uncertain and divergent. Thus, the article proposes possible preventive solutions to the demonstrated problem.

Suggested Citation

Dellinger, Myanna F., From Jumping Frogs to Graffiti-Painted Walls Legal Issues Caused by Mistranslation in International Commercial Arbitration (April 1, 2010). Rutgers Conflict Resolution Law Journal, Vol. 7, pp. 1-43, 2010. Available at SSRN: https://ssrn.com/abstract=1673502

Myanna F. Dellinger (Contact Author)

University of South Dakota Law School ( email )

414 E. Clark Street
Vermillion, SD 57069
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
169
Abstract Views
727
rank
191,416
PlumX Metrics