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Language clauses

The Language clauses guidance note provides expert insight into drafting contracts involving multiple languages, essential for practitioners navigating international agreements. This document addresses critical considerations to ensure clarity and prevent disputes arising from conflicting language versions.

Topics Covered

  • Purpose of this boilerplate clause
  • Key drafting considerations for this boilerplate clause
  • Possible approaches

Essential Insights

  • Assess which language should be designated the primary contract language to avoid interpretation conflicts.
  • Understand statutory and local language requirements that impact contract validity and enforceability.
  • Consider how language choices affect dispute resolution processes, including arbitration language and location.
  • Recognise the importance of certified translations and accreditation standards, such as those set by NAATI.
  • Explore the nuanced interplay between language clauses and governing law and jurisdiction provisions.
  • Evaluate alternative drafting strategies like conflict (order of precedence) clauses for managing multi-language contracts.

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