International Construction Law Review
DIFFICULTIES ENCOUNTERED IN THE ENGLISH-FRENCH TRANSLATION OF FIDIC’s STANDARD FORM CONTRACTS
DR GÖTZ-SEBASTIAN HÖK1
Dr Hök, Stieglmeier and Colleagues
The current FIDIC standard form contracts, published in 1999, are English language standard forms for different types of contracts. They were originally derived from previous ICE standard forms of contract. It is clear that there is a need in the construction industry for the FIDIC Conditions to be used in other languages when parties to a contract come from countries with a language other than the English language or when the English language is not appropriate because the applicable law of the contract is not from a common law jurisdiction. Unfortunately we know that different language versions of one legal text can lead to different interpretations as is already the case with the Vienna Convention on the International Sale of Goods or the Rome Convention on the Law applicable to Contractual Obligations.
Until now FIDIC forms of contract have been almost exclusively discussed in the English language. The main and most important source for commentaries on FIDIC Conditions is still The International Construction Law Review
. English speaking authors still have the greatest authority on the interpretation of FIDIC Conditions. On the other hand, there is an increasing need for translations of the FIDIC Conditions. The reasons are that state authorities often refuse to use a foreign language contract (for example in Russia and in Turkey) and that sometimes English is either simply not welcome or not even spoken. Thus the Rumanian state has recently published its own translations of the FIDIC Red and Yellow Books. For FIDIC especially the availability of French translations of the 1999 FIDIC works contracts is a key issue. These are being finalised ready for a review by FIDIC’s francophone associations.2
German translations are available as well.3
In order to avoid misunderstandings arising from translations it might therefore be interesting to disclose some of the problems of a translator of FIDIC Conditions.
1 With the tremendous support of Mr Robert Leadbeater, LLB, whom I thank for his great help.
2 The author has been licensed by FIDIC to translate the Rainbow Edition into French.
3 Published by Verband Beratender Ingenieure e.V., Budapester Straße 31, 10787 Berlin.
[2007
The International Construction Law Review
272