Principle

No. IV.5.9 - Linguistic Discrepancies

If a contract is drawn up in more than two language versions, these versions are equally authoritative, and there is a discrepancy between the versions, the contract should be interpreted according to a version in which the contract was originally drawn up.

Commentary

References

Contract Clauses

Commentary

1 In international contract practice, contracts are sometimes drawn up in two or more languages. In such scenarios, the contract itself often specifies which language version shall prevail in case of discrepancies.

2 If no such provision is contained in the contract or if the contract provides that all language versions shall be equally authoritative, this Principle provides for a preference to be given to the version in which the contract was orginally drawn up and from which the translations were then produced.

3 If the contract was orginally drawn up in more than one language version, preference should be given to one of those versions.

Please cite as: "Commentary to Trans-Lex Principle IV.5.9 - Linguistic Discrepancies, https://www.trans-lex.org/928570"

References

Arbitral Awards

ARAMCO-Award, ILR 1963, at 117 et seq.

International Legislation

Fontaine, Marcel, OHADA Uniform Act On Contract Law Preliminary Draft

Principles / Restatements

OHADAC principles on international commercial contracts

Principles of European Contract Law - PECL

UNIDROIT Principles of International Commercial Contracts 2016

Court Decisions

Svenska Petroleum Exploration AB (Schweden) vs. Government of the Republic of Lithuania & AB Geonafta (Lithuania), in: Yearbook Comm. Arb'n XXXI (2006), at 906 et seq.