In addition, it should be mentioned that, if there are two language versions of a treaty, either because they are prescribed by the law of one of the countries of the parties or because the parties feel more secure with regard to their rights and obligations, it is desirable to insert a clause defining the language that prevails over the other in the event of differences between the parties. It is also important to specify the language to be used for notifications, especially for long-term contracts. Why is this necessary? The treaty law of most nations follows the well-known principle that there must be a meeting of minds to establish a binding treaty. If it does not exist, there is no contract. Each foreign nation has different rules as to whether to prove what is admissible as evidence if one demonstrates what the parties understood they received in the benefit of the agreement.
- September 10, 2021