xr Trans-Lex.org Law Research Trans-Lex.org Law Research - Docid: 923500 -
Principle

No. IV.4.2 - Language


Where the language to be used for communications relating to the contract or the rights or obligations arising from it cannot be otherwise determined, the language to be used is that used for the conclusion of the contract.
Commentary
Absent any indication to the contrary, the language used for the conclusion of the contract (e.g. in written communications, a contract document or during oral contract negotiations) is the language that must be used by the parties during the performance of their contract and in cases of non-performance, e.g. for notices, declarations of avoidance etc. This rules may also become relevant for the fixing of the language of the arbitration absent an agreement by the parties under Principle XIII.3.4.

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References
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Contract Clauses
1. Contractual Choice of Language
Sales & Purchase Contract
Purchase Order for Customized Goods
All reports, correspondence, drawings, notices, marking, and other communications shall be in the English language. The English version of the Contract shall prevail.

This Contract is written in Chinese and English, each of which shall be deemed authentic (...)
2009
Validity of Contract and Other Matters
This Contract is written in the Chinese and English languages and both 1anguages shall have equal validity. If there is any conflict or inconsistency between the Chinese version and the English version, the Chinese shall be the governing and prevailing version. Party A and Party B shall, as required by the competent authorities of SIP, submit the Chinese text for registration. There shall be six originals of the Chinese version and six originals of the English version. Party A and Party B shall retain one original of both the English and Chinese version of this Contract, the remaining shall be used for registration and other formality purpose.
2010
Language
All correspondence, documents and any other written matters in connection with this Agreement will be in English.
2011
English Language Only
This Agreement is in the English language only, which language will be controlling in all respects, and all versions hereof in any other language will be for accommodation only and will not be binding upon the parties hereto. All communications to be made or given pursuant to this Agreement will be in the English language.
2012
Services Contract
Language
This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall be for accommodation only and shall not be binding upon the Parties. All communications and notices to be made or given pursuant to this Agreement shall be in the English language.
2005
Construction & O&M Contract
Language and Measurements
All correspondence, all documents and all drawings relating to this Contract shall be in English. Any translation into other language shall be deemed as reference and English version shall prevail in any case.
1997
Ruling Language
The language in which the Main Contract Document is drawn up is referred to as the Ruling Language. Where versions of the Contract are prepared in different languages, the version which is to prevail shall be specified in the Contract. The language of that version shall then be the Ruling Language.
2001
Language for Notices, Proceedings and Documents
All discussions, negotiations, notices and proceedings between the parties and all documents to be provided by either party under the Contract shall, unless otherwise agreed, be in the Ruling Language.
2001
Asset Transfer Agreement
Language
This Agreement shall be prepared in 3 (three) sets of originals in Chinese, with 1 for each party.
2009
Joint Venture
Language
The Amended and Restated Agreement shall be written in Chinese and in English. Both language versions are considered to be equally authentic. In the event of any discrepancy between the two aforementioned versions, the English version shall prevail in determining the spirit, intent, and meaning of this Amended and Restated Agreement.
2005
Language
These Articles of Association are written in Chinese and English. The Parties agree that both versions are equal, and legally binding on the Parties. In case of discrepancy, the meaning and spirit of the English version shall be used to interpret the Articles.
2005
Language of the Text
This contract is written in Chinese.
2006
Language
This Contract shall be written in Chinese and in English. Both language versions are considered to be equally authentic. In the event of any discrepancy between the two aforementioned versions, the English version shall prevail in determining the spirit, intent, and meaning of this Contract.
2006
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