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Translations used within the Courts of Law

By August 26, 2021No Comments

Did you ever wonder how important translations are within the Justice System?

Translations are commonly used throughout the operations of the law courts in Malta and abroad in order to be able to satisfy the most basic of all legal requirements… the full understanding of all parties involved in a dispute.

As mentioned in an earlier article, It is important to understand that in Malta, the official languages are Maltese and English. But through the operations of the various law courts in Malta, not everyone is able to speak either of the two. Therefore it is highly essential that the law courts are provided with a myriad of translators and interpreters that assist in the daily functions.  

Malta, being one of the few countries acting as a gateway to Europe, the incidence of attracting people from all over the world is high and therefore the requirements for professional legal and certified translations is of the utmost priority. 

Providing for highly qualified and professional legal and certified translations is at the core of what we do.

Why Translate for the Courts?

Well this is pretty much a simple question to answer. When you need to use the services of the Law courts, sometimes documents that are needed are not always in the language that can be understood by the magistrates or lawyers within the judicial system. 

Translators are therefore required and appointed by the courts of law in order to provide the professional translations and in some cases also interpret either live or online in order to assist the courts.

Types of documents required by the courts in Malta and abroad to be translated are usually contractual documents, legal sentences, certificates, judicial orders, terms and conditions, powers of attorneys, and so on.

When it comes to translations for law courts in Malta, ATCS Consultancy Ltd is duly appointed as court experts in translation services. Our company is entrusted by the civic and magistrates court for providing translations in over 150 languages.

The use of legal arbitration in the Justice System

The use of arbitration as a means towards resolution in commercial disputes is considered widely to be an effective and efficient alternative to civil litigation. Since arbitration’s regulation by British Parliament through the Arbitration Act 1889 the growth in popularity in the use of international arbitration has increased exponentially in international commercial disputes especially due to its intrinsic procedural qualities that make use of a myriad of positive attributes, laying down strong foundations for successful resolutions of international (and domestic) commercial disputes.

Arbitration as a dispute resolution mechanism has several advantages over other means of solving disputes like court litigation. These advantages make it the most preferred option in settling disputes in the course of international trade. Advantages of arbitration include (but are not limited to):

Confidentiality – Arbitration is a private process unlike litigation which takes place in open court. Arbitration proceedings usually take place in private, and any evidence produced, or documents disclosed in the proceedings are kept private and confidential. 

Neutrality – In international arbitration, parties will choose a neutral forum instead of submitting to the laws of the other party’s country. This neutrality is achieved by choosing international rules of arbitration and a venue that are neutral to both parties. Arbitrators who make up the tribunal can be of different nationalities from the parties in the dispute to make the process fair and neutral.

Enforceability – Enforcement of arbitral awards is another element of arbitration that makes it the best means of solving international trade disputes. The United Nations Convention on the Recognition of Foreign Arbitral Awards, New York, 1958 (also referred to as the ‘New York Convention’) provides the mechanism that requires contracting states to recognise and enforce arbitration awards.

Other advantages include (i) Freedom of Choice, (ii) Efficiency, (iii) Cost Effectiveness and (iv) Finality.

Professional Translations

Using a qualified professional translation service provider is paramount in importance in order to get someone who is an expert in the language that you need to be translated and who probably has years of experience handling these situations. 

Not only do we use expert translators who are qualified in their field, we use translators that are native to the language in question. Also, it is very important to understand that we use specific teams of translators that are generally experts in different fields of work ie. legal translations, contracts, notarial services etc. 

How do you get Legal Translation Services in Malta and Abroad?

For those of you who require translation services for Law courts either in Malta or in Europe, contact us to find out more about our translation services. 

We offer professional translation services that look to provide you with legally approved and certified documents for all your needs especially those in regards to your legal requirements in court, arbitration and litigation.