Glossary entry

Chinese term or phrase:

A过审理缺需适用B国法律

English translation:

the trial is conducted in country A whereas the laws of country B shall apply.

Added to glossary by Suzanne Reynolds
Aug 5, 2016 15:10
7 yrs ago
1 viewer *
Chinese term

A过审理缺需适用B国法律

Chinese to English Law/Patents Law: Contract(s) Contract
建议约定中国大陆法院管辖,适用中华人民共和国大陆地区法律。若不可,则需约定管辖法院与适用法律为同一国家,以免出现在A过审理缺需适用B国法律的情况。

I'm having a bit of trouble getting the wording right on above the sentence.

Your help is hugely appreciated!

Discussion

Suzanne Reynolds (asker) Aug 5, 2016:
在A过审理却需适用B国法律 the trial is conducted in country A Thank you very much, Bruce. It was very kind of you to go to the trouble of translating the whole sentence. It was helpful too.

Thanks again!
Suzanne Reynolds (asker) Aug 5, 2016:
缺should be 却,it's a mistake Thank you, Bruce! I can understand it now.
Bruce Guo Aug 5, 2016:
缺should be 却,it's a mistake
it should be "在A过审理却需适用B国法律"

Proposed translations

28 mins
Chinese term (edited): 在A过审理却需适用B国法律
Selected

the trial is conducted in country A whereas the laws of country B shall apply.

FYI:

It is suggested that a court of Mainland China is specified to be the governing court and the laws of the Mainland China of the People’s Republic of China shall apply. Otherwise, it can be agreed upon that the governing court and the applicable law are from the same country, lest occurrence of that the trial is conducted in country A whereas the laws of country B shall apply.

I hope it helps, this kind of mistakes are due to typing using Chinese Pinyin
Peer comment(s):

neutral Zong Yang Yu : 在A国审理却需适用B国法律
2 days 22 hrs
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4 KudoZ points awarded for this answer. Comment: "Thanks"
14 days

Bruce's reading clearly correct

Just to offer some slightly more natural wording:
建议约定中国大陆法院管辖,适用中华人民共和国大陆地区法律。若不可,则需约定管辖法院与适用法律为同一国家,以免出现在A过审理缺需适用B国法律的情况。
We recommend specifying a Chinese mainland court (for dispute resolution), with Chinese mainland law as the governing law. If that is not acceptable, then the court and the governing law should be from the same jurisdiction, to avoid a situation where a court in country A is asked to apply the law of country B.
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