International Translation Day 2023: a few handy uses of translation03/10/2023
In the realm of international law, the term Exequatur might not be one that you hear every day, but it holds immense importance when it comes to recognising and enforcing foreign court judgments or arbitral awards within a specific country. This legal procedure ensures that a judgment or award from a foreign jurisdiction is not just valid but also enforceable within the jurisdiction where it is sought. In this blog, we will delve into the world of Exequatur and explore the crucial role that translation services play in making this process seamless.
Exequatur is essentially the legal procedure through which a foreign judgment or arbitral award gains recognition and enforceability in a particular jurisdiction. The process involves a formal request made by the party seeking enforcement of the foreign judgment or award to the courts of the country where enforcement is desired. This request must be accompanied by substantial evidence of the foreign judgment or award, and this is where translation services come into play.
The role of translation
Language can be a significant barrier when it comes to international legal matters. Many foreign judgments and awards are issued in languages that are not commonly understood within the jurisdiction where enforcement is sought. In such cases, accurate and certified translations are crucial. Here’s why:
- Accuracy is Key: When dealing with legal documents, precision is paramount. A minor mistranslation can have significant consequences. Professional translation services ensure that every word and nuance of the foreign judgment or award is accurately conveyed in the language of the jurisdiction where it is being presented for enforcement.
- Legal Terminology: Legal documents are laden with complex terminology and legal jargon. Translators with expertise in legal translation are well-versed in these intricacies, ensuring that nothing is lost in translation.
- Certification: Many jurisdictions require certified translations of foreign legal documents. This certification attests to the accuracy and authenticity of the translation. A reputable translation service can provide the necessary certification.
The Exequatur process
Once the requesting party submits the foreign judgment or award along with the translated documents, the requested court conducts a review. This review typically includes an examination of:
- Foreign Court’s Jurisdiction: Ensuring that the foreign court had the necessary jurisdiction to issue the judgment or award.
- Due Process: Confirming that due process requirements were followed during the foreign legal proceedings.
- Compatibility with Local Laws: Checking if the foreign judgment or award aligns with the laws and legal principles of the requested jurisdiction.
After this meticulous review, if the requested court grants Exequatur, the foreign judgment or award is treated as if it were a domestic one. It can then be enforced as per the laws and procedures of that jurisdiction.
Our translation services at My Language Hub
At My Language Hub, we understand the critical role that translation services play in the Exequatur process. We specialise in legal translation and are proud to be an Accredited member of the ATC (Association of Translation Companies). Our commitment to quality is reflected in our ISO certification for translation services (ISO 17100).
With our expertise, you can ensure that your foreign legal documents are accurately translated, certified, and ready for the Exequatur process. Don’t let language barriers impede the recognition and enforcement of your foreign judgments or awards. Contact us today and let us help you navigate the complex world of Exequatur with confidence and precision.
Case Study: Roberto’s divorce case
To illustrate the real-world significance of Exequatur and the crucial role of translation services, let’s delve into Roberto’s case. Roberto found himself in a unique situation. He had married in Argentina but later got divorced in the UK. To have his divorce recognised and registered in the town where he had married, he needed to navigate the complex Exequatur process. That’s when he turned to My Language Hub for assistance.
Roberto faced a daunting task. His divorce had been granted in the UK, and he needed to use the decree absolute in Argentina to register his divorce at the Civil Registry in the town where he had originally married. This required not only legalizing the decree but also translating it into Spanish. Roberto needed a solution that would ensure the accuracy, legality, and acceptance of his documents in both countries.
My Language Hub’s solution
Roberto reached out to My Language Hub, a trusted language service company specialising in legal translation. Here’s how My Language Hub helped Roberto overcome his challenge:
- Legalisation Service: My Language Hub ensured that Roberto’s Decree Absolute was properly legalised with the Hague Apostille. This step was crucial for the document’s international recognition and acceptance.
- Professional Sworn Translation: To facilitate the recognition of the divorce sentence in Argentina, My Language Hub assigned the task to a professional sworn translator who was registered with the Colegio de Traductores in Argentina. This ensured that the translation met all the legal requirements and standards in both countries.
- Collaboration with a Solicitor in Argentina: My Language Hub, in coordination with a solicitor in Argentina, initiated the process of registering Roberto’s divorce with the family Court of his native town. This collaboration streamlined the legal proceedings and ensured that all local requirements were met.
The successful outcome
Thanks to the expertise of My Language Hub and the seamless coordination with legal professionals in Argentina, Roberto’s Exequatur process was a resounding success. Within a few months, his divorce was recognised and registered in the town where he had married. This case demonstrates the pivotal role of Exequatur and the importance of accurate and legally compliant translations in international legal matters.
In Roberto’s words:I cannot express enough how grateful I am to My Language Hub for their invaluable assistance in navigating the complex world of international legal recognition. My journey involved getting divorced in the UK and then having that Decree recognised in Argentina, where I had originally married. This is where My Language Hub stepped in and truly made a difference.
From the very beginning, their team showed a deep understanding of the intricacies of the Exequatur process and the importance of precise legal translation. Here’s why I would wholeheartedly recommend My Language Hub to anyone in need of legal services.
My Language Hub turned a potentially daunting and confusing legal journey into a manageable and successful one. Their professionalism, commitment to quality, and expertise in legal translation are unparalleled. I can’t thank them enough for helping me through this process and ensuring that my divorce was recognised in Argentina.
If you’re facing international legal challenges or require top-notch translation services, I highly recommend My Language Hub. Their team truly goes above and beyond to make a difference in your legal endeavors across borders. Thank you, My Language Hub, for your outstanding support and expertise.
In a nutshell
Roberto’s case highlights the significance of Exequatur in navigating the complexities of international legal recognition. At My Language Hub, we specialise in providing the comprehensive language services needed for such cases. Our commitment to quality, backed by ISO certification (ISO 17100) and accreditation by the ATC (Association of Translation Companies), ensures that your documents are handled with precision and legality.
Don’t let language barriers hinder your legal endeavors. Whether you’re dealing with Exequatur, like Roberto, or any other international legal matter, My Language Hub is here to assist you. Contact us today and experience the difference that professional translation and legal expertise can make in achieving your legal goals across borders.