How should we translate the article of the competent court in the Turkish agreement text into English or other foreign languages?
Let’s take “İşbu Sözleşme’nin uygulanmasından doğacak uyuşmazlıkların çözümünde İstanbul Çağlayan Adliyesi Asliye Hukuk Mahkemeleri yetkilidir” as an example sentence. As we know, there are different legal and judicial systems in every country. Therefore, judicial institutions and court levels can vary from country to country. In this case, the division and/or competence of the court at each level of jurisdiction is different. Therefore, the competent court to be translated into a foreign language may not correspond to the exact meaning in the target language.
Our recommendation is to state the phrase “İstanbul Asliye Hukuk Mahkemesi” in parentheses in the target language. For example, if you have a legal translation into English, we recommend that the phrase to be written as “İstanbul Çağlayan Court-House Civil Courts of First Instance (İstanbul Çağlayan Adliyesi Asliye Hukuk Mahkemeleri)”. Therefore, the full sentence “İstanbul Çağlayan Court-House Civil Courts of First Instance (İstanbul Çağlayan Adliyesi Asliye Hukuk Mahkemeleri) shall be competent for any disputes arising out of implementation of this Agreement” would be used in English legal translation.
In this way, in any dispute arising out of the agreement, there will be no trouble due to the translation and the division and/or competence of the court can easily be determined. Otherwise, you may lose time due to an objection to division and/or competence. Besides, telling your client about this could also damage your reputation.
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