legal translation in saudi arabia: a contrastive …

LEGAL TRANSLATION IN SAUDI ARABIA:

A CONTRASTIVE ANALYSIS OF LINGUISTIC

CHALLENGES ENCOUNTERED BY PRACTITIONERS

By

Abdulfatah J. Bostanji

A thesis

presented to

the University of Western Sydney

In fulfillment of the requirements for the degree of

Doctor of Philosophy

January, 2010

ACKNOWLEDGEMENTS

I would like to express my deep thanks and appreciation to my principal supervisor,

Professor Stuart Campbell, for his great teaching, encouragement, invaluable ideas,

and inspiration. He was always there for me, providing great help and support with

patience throughout the years of my candidature.

My sincere thanks also go to my co-supervisors, Associate Professor Sandra Hale

and Dr Raymond Chakhachiro, for their constructive criticism, invaluable comments,

and great support.

Special thanks and gratitude go to my collegue Dr Abbas Brashi for his great and

continuous support.

I am also grateful to all legal translators and drafters who participated in the

empirical part of this thesis. Special thanks go to the legal advisor, Abdulmuneim

Zahir, for his great help in conducting the empirical study.

My deep thanks also go to Dr Paul Glew for his great help in the final stage of

editing some chapters of this thesis, and to Dr Stephen McLaren for his great support

in proofreading.

Finally, special and sincere thanks and appreciation go to my great wife and two sons

for their support and patience throughout the years of their homesickness.

1

STATEMENT OF AUTHENTICATION

The work presented in this thesis is, to the best of my knowledge and belief, original

except as acknowledged in the text. I hereby declare that I have not submitted this

material, either in whole or in part, for a degree at this or any other institution.

Abdulfatah J. Bostanji

2

TABLE OF CONTENTS

ACKNOWLEDGEMENTS ................................................................................. 1

Abstract .............................................................................................................. 15

Chapter 1: ................................................................................................................... 17

Legal translation......................................................................................................... 17

1. Introduction........................................................................................................ 17

1.1 Overview on the background of the research............................................... 17

1.2 Research Objectives ..................................................................................... 19

1.3 Research Questions ...................................................................................... 19

1.4 Methodology ................................................................................................ 20

1.4.1 Contrastive analysis .............................................................................. 20

1.4.1.1 Level 1: Analysis of syntactic and semantic features .................... 21

1.4.1.2 Level 2: Analysis of textualization and stylistic festures............... 21

1.4.2 Empirical study ..................................................................................... 22

1.5 Data set......................................................................................................... 23

1.5.1 Materials................................................................................................ 23

1.5.2 Data Storage.......................................................................................... 25

1.6 Layout of the thesis ………………………………………………………..25

1.7 Limitations of the study ............................................................................... 27

Chapter 2: ................................................................................................................... 28

Legal language in English and Arabic ....................................................................... 28

2. Introduction........................................................................................................ 28

2.1 The nature of English legal language........................................................... 28

2.1.1 The history of Legal English................................................................. 28

2.1.2 Characteristics of Legal English ........................................................... 29

3

2.1.3 Plain legal English ................................................................................ 34

2.1.4 Legal writing and legal drafting............................................................ 35

2.2 The nature of Arabic legal language ........................................................... 35

2.2.1. Islamic law ........................................................................................... 37

2.3 English and Arabic legal texts: A contrastive analysis ................................ 40

2.3.1 Syntactic features .................................................................................. 40

2.3.1.1 Nominalisation ............................................................................... 40

2.3.1.2 Choice of tense............................................................................... 42

2.3.1.3 The use of the passive .................................................................... 44

2.3.2 Semantic features ................................................................................... 46

2.3.2.1 Modality ............................................................................................. 54

2.3.3 Textualization and stylistic features........................................................ 54

2.3.3.1 Layout ............................................................................................... 54

2.3.3.2 The use of long sentences .................................................................. 61

2. 3.3.3 The use of Complex Provisions ........................................................ 62

2.4 Legal Translation ......................................................................................... 63

2.4.1 Overview of Legal translation............................................................... 63

2.4.2 The context of legal translation in Saudi Arabia................................... 65

2.4.2.1 Procedures and practices .................................................................. 65

2.4.2.2 Specific legal translation difficulties in the context of Saudi Arabia 66

2.4.3 Collaboration between legal translators and legal drafters .................. 66

2.4.4 The prevailing language in translated contracts.................................... 66

2.4.4.1 The prevailing language issue in various international contexts ... 66

2.4.4.2 The prevailing language issue in Saudi Arabia.............................. 67

4

2.5 Conclusion ....................................................................................................... 67

2.6 Research questions ........................................................................................... 68

2.7 Knowledge gaps ........................................................................................... 69

Chapter 3 .................................................................................................................... 70

Linguistic contrastive analysis ................................................................................... 70

3. Introduction........................................................................................................ 70

3.1 Level 1: Analysis of syntactic and semantic features .................................. 70

3.1.1 Results and Discussion of the English Version..................................... 72

3.1.2 Results and Discussion of the Arabic Version...................................... 83

3.1.3 A comparison of structural and stylistic features of Arabic and English

language of contract ....................................................................................... 97

3.1.3.1 The use of modals .......................................................................... 97

3.1.3.2 The use of perfect participles ........................................................... 105

3.1.3.3 The use of the present active........................................................ 109

3.2 Level 2: Analysis of Textualization and stylistic features ......................... 113

3.2.1Cohesion 113

3.2.2 The use of archaic words and expressions .......................................... 115

3.2.3 The use of technical terms and expressions restricted to legal language

117

3.2.4 The use of collocations........................................................................ 119

3.2.5 The use of binomials ........................................................................... 121

3.3 Summary .................................................................................................... 123

3.3.1 Syntactic and semantic features .......................................................... 123

3.3.2 Textualization and stylistic features.................................................... 125

Chapter 4 .................................................................................................................. 127

5

Empirical Study........................................................................................................ 127

4. Introduction...................................................................................................... 127

4.1 Questionnaire 1: Legal Translators ............................................................ 128

4.1.1 Research Design.................................................................................. 128

4.1.2 Methods and Data Collection.............................................................. 128

4.1.3 Research questions .............................................................................. 129

4.1.4 Results and Discussion Questionnaire 1: Legal Translators ............... 133

4.1.5 Results and discussion ........................................................................ 135

4.1.5.1 Distribution of the sample according to qualifications ................ 135

4.1.5.2 Descriptive statistics for the years of experience......................... 136

4.1.5.3 Translation of texts other than legal text...................................... 136

4.1.5.4 The level of difficulty in the translation of legal texts compared to

the translation of other text types ............................................................. 137

4.1.5.5 The level of difficulty in the translation of legal texts from Arabic

into English compared to the translation from English into Arabic......... 138

4.1.5.6 The frequency of legal text translation, by type........................... 139

4.1.5.7 The level of importance given to the translation of different types

of documents or agreements..................................................................... 141

4.1.5.8 The level of difficulty in translating commercial contracts and

agreements from English into Arabic and vice versa............................... 143

4.1.5.9 Contribution to the difficulty of translating commercial contracts

and agreements from English into Arabic................................................ 144


and agreements from Arabic into English................................................ 146

6

4.1.5.11 Different methods to overcome difficulties in translating

commercial contracts and agreements from English into Arabic and vice

versa ......................................................................................................... 147

4.1.5.12 Collaboration between legal translators and legal drafters when

translating commercial contracts and agreements.................................... 148

4.1.5.13 The need for greater or less collaboration between legal translator

and legal drafters when translating commercial contracts and agreements

from English into Arabic and vice versa.................................................. 149

4.1.6 Summary ............................................................................................. 151

4.1.7 Evaluation of the respondents’ sample translations ............................ 160

4.1.7.1 English into Arabic translation .................................................... 161

4.1.7.1.1 A comparison of the respondents’ self evaluation of their

competence and their actual competence from English into Arabic........ 165

4.1.7.2 Arabic into English translation .................................................... 167


competence and their actual competence from Arabic into English........ 172

4.2 Questionnaire 2: Legal Drafters ................................................................. 174

4.2.1 Research Design.................................................................................. 174

4.2.2 Methods and Data Collection.............................................................. 174

4.2.3 Research Questions ............................................................................. 175

4.2.4 Results and Discussion Questionnaire 2: Legal Drafters.................... 177

4.2.4.1 Description of years of experience............................................... 177

4.2.4.2 Collaboration between legal drafters and legal translators when

translating commercial contracts and agreements.................................... 177

7

4.2.4.3 The need for more or less collaboration between legal translators

and legal drafters when translating English into Arabic and vice versa .. 178

4.2.4.4 Basis of selection of the prevailing version of a translated

commercial contract ................................................................................. 179

Questions to legal drafters................................................................................ 179

4.2.4.5 The importance of having a certain level of knowledge in legal

translators ................................................................................................. 180

4.2.4.6 The quality of commercial contract and agreement translation

practice in Saudi Arabia ........................................................................... 181

4.2.4.7 Suggestions to improve the quality of legal translation practice in

Saudi Arabia............................................................................................. 181

4.2.4.8 Suggestions towards qualifications of legal translators in Saudi

Arabia, e.g. a system of accreditation ...................................................... 182

Chapter 5 .................................................................................................................. 183

Conclusion and Recommendations .......................................................................... 183

5. Introduction...................................................................................................... 183

5.1 Summary of this research and its findings ................................................. 183

5.1.1 Summary of the research..................................................................... 183

5.1.2 Summary of the findings..................................................................... 185

5.1.2.1 The structural and stylistic features of English and Arabic legal

texts .......................................................................................................... 185

5.1.2.2 The difficulties in translating legal texts...................................... 189

5.1.2.3 The effects of collaboration between legal drafters and translators

.................................................................................................................. 195

5.1.2.4 The prevailing of one language version of translated contracts... 199

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5.2 Recommendations ...................................................................................... 200

5.2.1 SWOT analysis ................................................................................... 200

5.2.2 Stakeholders ........................................................................................ 202

5.2.3 Recommendations for stakeholders .................................................... 204

5.2.4 Contributions of this study.................................................................. 218

5.2.5 Directions for further research ............................................................ 219

Bibliography......................................................................................................... 221

Appendices

Appendix 1. A case of translation tried in the Saudi Bureau of Grievance 232

Appendix 2. Consent forms for the empirical study 233

Appendix 3. Questionnaire for the empirical study: Legal translators 240

Appendix 4. Translation exercise: English to Arabic 245

Appendix 5. Translation exercise: Arabic to English 247

Appendix 6. Questionnaire for Legal Drafters 248

Appendix 7: SPSS Analysis 250

Appendix 8. A legal document “deed” dating back to the Ottoman period 262

Appendix 9. The FIDIC contract (Fédération Internationale Des Ingénieurs-

Conseils) 263

Appendix 10. Industrial land lease executed in Saudi Arabia by the Royal

Commission for Jubail & Yanbu and Petromin Lubricating Oil Company 302

Appendix 11. Agreement to arbitrate boundary dispute between two countries

(Arbitration Compromise) 313

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List of Tables

Table 2.3.3.1a modal forms and their meanings

49

Table 2.3.3.1b Arabic “deontic” modality inflections 51

Table 3.1.1a grammatical and semantic features of the English version of the FIDIC contract

73

Table 3.1.1b grammatical features of the English legal language of most contracts

74

Table 3.1.2a grammatical and semantic features of the Arabic version of the

FIDIC contract

83

Table 3.1.2b grammatical and semantic features of the Arabic version of the

FIDIC contract

85

Table 3.1.2c Arabic use of modals 87

Table 3.1.2d grammatical features of the Arabic legal language of most

contracts

91

Table 3.1.3.1a The use of modals in English and Arabic 98

Table 3.1.3.1b exceptions to the Arabic use of modals 101

Table 3.1.3.1c additional exceptions to the Arabic use of modals 103

Table 3.1.3.1d additional exceptions to the Arabic use of modals 104

Table 3.1.3.1e additional exceptions to the Arabic use of modals 105

Table 3.1.3.2a The use of perfect participles 105

Table 3.1.3.2b exceptions to the use of perfect participles 107

Table 3.1.3.3a the use of the present active 110

Table 3.1.3.3b exceptions to the Arabic use of present active 111

Table 3.1.3.3c the use of conditional clause 112

Table 3.2.1a archaic words and expressions used in some English legal texts 115

10

Table 3.2.1b archaic words and expressions used in some Arabic legal texts 116

Table 3.2.2 the use of technical terms and expressions restricted to legal

language

116

Table 3.2.3a the use of collocations 118

Table 3.2.3b when Arabic collocates and its English counterpart does not 120

Table 3.2.4 the use of binomials 121

Table 4.1.2 methods and data collection (for legal translators) 128

Table 4.1.5.1a distribution of the sample according to qualifications 134

Table 4.1.5.2 descriptive statistics for the years of experience 135

Table 4.1.5.4 the level of difficulty in the translation of legal texts compared

to the translation of other text types

136

Table 4.1.5.5 a comparison of the perceived level of difficulty between the

translation of legal texts from Arabic into English and vice versa

137

Table 4.1.5.6 The frequency of legal text translation 139

Table 4.1.5.7 the level of importance given to the translation of different

types of documents or agreements

141

Table 4.1.5.8 the level of difficulty in translating commercial contracts and

agreements from English into Arabic and vice versa

143

Table 4.1.5.9 contribution to the difficulty of translating commercial

contracts and agreements from English into Arabic

144

Table 4.1.5.10 contribution to the difficulty of translating commercial

contracts and agreements from Arabic into English

146

Table 4.1.5.11 different methods to overcome difficulties in translating


147

11

versa

Table 4.1.5.12 collaboration between legal translators and legal drafters

when translating commercial contracts and agreements

148

Table 4.1.5.13 the need for greater or less collaboration between legal

translator and legal drafters when translating commercial contracts and

agreements

149

Table 4.1.7.1a an evaluation of English into Arabic translation 161

Table 4.1.7.1b an overall evaluation of the translations 164

Table 4.1.7.1.1 a comparison of the respondents’ self evaluation of their

competence and their actual competence from English into Arabic

165

Table 4.1.7.2 an evaluation of Arabic into English translation 167

Table 4.1.7.2.1 a comparison of the respondents’ self evaluation of their

competence and their actual competence from Arabic into English

172

Table 4.2.2 methods and data collection (for legal drafters) 175

Table 4.2.4.3 the need for more or less collaboration between legal

translators and legal drafters when translating English into Arabic and vice

versa

178

Table 4.2.4.4 basis of selection of the prevailing version of a translated

commercial contract

179

Table 5.2.1 SWOT analysis 201

Table 5.2.3 an outline courses of translation 206

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TRANSLITERATION SYSTEM

The transliteration system of Arabic used in this study is selected from the system

adopted by Campbell (1998).

Arabic letters

Arabic letters name

Transliteration

? hamza ء

alif a أ

baa? b ب

taa? t ت

thaa? th ث

jiim j ج

Haa? H ح

khaa? kh خ

daal d د

dhal dh ذ

raa? r ر

zaay z ز

siin s س

shiin sh ش

Saad S ص

Daad D ض

13

Taa? T ط

Zaa? Z ظ

ayn 3 ع

ghayn gh غ

faa? f ف

qaaf q ق

kaaf k ك

laam l ل

miim m م

nuun n ن

ロ haa? h

waaw w و

yaa? Y ي

Arabic vowels

and diphthongs

Transliteration

fatHah a

aa أ

kasrah i

iy ي

Dammah u

uw و

ay أي

aw أو

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Abstract

This study investigates the differences and similarities between Arabic and English

legal texts in terms of structure and stylistic features. It also tackles the difficulties

involved in legal translation practice in Saudi Arabia, as well as the effects on legal

translation that result from legal translators consulting with legal drafters. All these

areas are explored by two methods; first, through a contrastive linguistic analysis of

both Arabic and English legal texts in general and contracts and agreements in

particular; second, through an empirical study conducted on two professional

categories: that is, legal translators and lawyers specializing in legal drafting in Saudi

Arabia.

The results confirmed that translating legal texts is far more difficult compared to the

translation of other texts, the majority of legal translators find translation of legal

texts from Arabic into English is more difficult than the translation from English into

Arabic, and translation of commercial contracts and agreements from Arabic into

English is more difficult than translation from English into Arabic. The main reasons

for this might be that the native language of the translators is Arabic, the lack of

sufficient second language acquisition in general and legal language in particular,

and less consultation with legal English experts.

Furthermore, this study revealed that the translation of culture-specific legal terms

constitutes a significant difficulty for legal translators in translating commercial

contracts and agreements from Arabic into English and vice versa, followed by

general legal terminology, text layout, and finally tense, modals, punctuation,

capitalization, and sentence structure. It also confirmed that the majority of legal

15

translators in Saudi Arabia found collaboration between legal translators and legal

drafters when translating commercial contracts and agreements very important.

16

Chapter 1:

Legal translation

1. Introduction

This thesis explores legal translation in general and the linguistic difficulties

encountered by legal translators in particular. However, prior to this exploration, it is

essential to investigate the nature of legal language in terms of structure and style.

Knowledge of the nature of legal language provides the translator with the right tools

to perform their task accurately.

According to Hatim (1997: 14) “Each section of the legal document has a ‘language’

of its own which is essentially of a formulaic nature. The translator must therefore be

acquainted with these conventions in both English and Arabic”.

Therefore, this research attempts: first, to provide such knowledge in a form of

linguistic contrastive analysis of English and Arabic legal language (see Chapter 3);

second, to tackle the practical side of legal translation: that is, to give a real insight

into the actual linguistic challenges encountered by legal translators, by means of a

form of empirical study (see Chapter 4).

1.1 Overview on the background of the research

By the late seventies, an economic boom hit the markets of Saudi Arabia due to the

dramatic increase in oil prices. According to the Saudi Arabian Monetary Annual

Reports, the total revenue increased from US $ 4.34 billion in 1973 to US $ 101

billion in 1981(Wilson and Graham 1994: 177). This revenue led to another boom

17

through government expenditure in construction projects—oil plants, refineries, and

factories—and also the construction of two industrial cities, named Aljubail and

Yanbu. These establishments began trading with overseas companies and

organizations, and these trading relations and transactions, conducted via contracts

and agreements, have led to the need for legal translation. Among the reasons behind

such a need are the regulations of the Saudi Ministry of Finance, which stipulate

translation of any contract or agreement made between Saudi and overseas

organizations and companies, for the purposes of auditing and settlement of disputes.

This is in accordance with the Saudi Royal Decree No. M/58 dated 4/9/1427H

corresponding to 27/9/2006, which states that all governmental contracts, documents

and appendices thereof shall be in Arabic, but that it is permissible also to use

another language. Over the years, cases of dispute have increased. Unfortunately,

this increase has been caused not only by failures of execution of the terms and

conditions of contracts, but also by translational inaccuracies. A number of legal

cases have been filed on the grounds of inaccurate legal translations, causing large

financial and business losses among parties. These losses may gradually have a

negative impact on the economy as well as on the labour market. Due to privacy

laws, these cases can not be publicly revealed. However, an example case which was

dealt with by the Saudi Bureau of Grievance is available (see Appendix 1).

Some of the principal reasons for inaccurate legal translation may include the

following:

a. The lack of legal background for most translators of legal documents.

b. The lack of systematic analysis of problems involved in the translation of

legal texts in general, and agreements and commercial contracts in particular.

18

1.2 Research Objectives

This study aims to investigate the following areas:

1. The differences and similarities between Arabic and English legal texts in terms of

structure and stylistic features, with special reference to translation practice in Saudi

Arabia.

2. The linguistic challenges encountered by legal translators throughout the process

of legal document translation.

3. The effects of collaboration between legal drafters and translators on legal

translation and various stages of contract translation, that is, from drafting to

acceptance of the translation as legally valid.

4. The reasons why one language version of a translated commercial contract

becomes the prevailing version, instead of both versions being accepted as legally

valid in a court of law.

1.3 Research Questions

The following questions are raised, to be answered by this study:

1. What are the differences and similarities between Arabic and English legal

texts, in terms of structural and stylistic features?

19

2. What are the difficulties involved in the translation of legal texts in general

and contracts in particular, including the translation of culture-specific legal

terms?

3. What are the effects of working with legal drafters on legal translation?

4. What are the criteria for selecting the prevailing version of a contract, or on

what basis are such decisions made?

1.4 Methodology

The research methodology consists of the following two parts:

1.4.1 Contrastive analysis

In the first part, a contrastive linguistic analysis of Arabic and English legal texts is

conducted on various types of legal texts in general and on commercial contracts and

agreements in particular. This method provides answers for the following research

question:


texts, in terms of syntactic, semantic, textual and stylistic features?

The analysis concentrates on the various levels of linguistic features mentioned

above. The method of analysis involves heuristic procedures. Hatim and Mason

(1997:14) argue that:

It would be desirable to proceed by observation based solely on sound

empirical evidence. But, texts being what they are—an imperfect record of

communicative events—we sometimes find it necessary to settle for what

may be described as heuristic procedures. Interaction makes its own rules, a

20

process in which entire conceptual systems are involved, including those

which have developed through our own experience with texts.

1.4.1.1 Level 1: Analysis of syntactic and semantic features

The selected texts are analysed quantitatively and qualitatively by studying the

specific syntactic and semantic features of language that are predominantly used in

various contracts. This is done by undertaking analysis of the frequency of

grammatical properties such as the use of tenses for various verb phrase groups as

well as the use of the passive voice, and the use of modality in both Arabic and

English legal texts.

1.4.1.2 Level 2: Analysis of textualization and Stylistic features

This level of linguistic analysis highlights the tactical aspect of legal language use,

specifying the way legal drafters assign restricted values to legal texts (these may be

features of lexis, syntax, or even discourse). This is done by analysis of various legal

text samples in both English and Arabic language. In legal language, drafters have

developed marked preferences in their choice of words. Some legal texts are

decorated with archaic words and expressions of a kind that could be used only by

lawyers. These words or phrases may give anyone a reliable guide to identifying the

language of a legal document since “these words such as ‘aforesaid’, ‘hereinafter’,

and ‘witnesseth’ are used by lawyers as a matter of tradition” (Crystal & Davy 1969:

207).

Nevertheless, legal language possesses its own technical terms and expressions

restricted to the legal field such as ( or used with a ( اトャرプانىヨらジェا Αر/ أΑهヨا أホرب

21

specialised sense in the legal domain (resolutions: راراتホ). There are also some

collocations, such as “the competent authority” (ةダわガヨャهات اイャا) and “the contracting

parties” (دانホاバわヨャان اプرトャا).

This analysis also sheds some light on “binomials”, pairs of synonyms or near-

synonyms, which are a feature of English legal texts. The motivation for using pairs

of synonyms is to “rely on inclusiveness as compensation for lack of precision”

(Crystal & Davy 1969: 208).

This may or may not be the reason for using binomials in modern legal Arabic.

Sometimes, binomials can be seen in Arabic. For example: “This agreement shall be

binding on the parties” (リΒプرトヤャ ةョزヤョذة وプاル ةΒホاヘゎΙا ロد هذバゎ).

If the words “ةョزヤョذة وプاル” are literally translated into English, they read as “effective

and obligatory”. Other examples: “under the supervision and control of” ( رافセإ ろエゎ

) ”rules and regulations“ ,(وョراらホة ヨヌルΕاリΒルواボャة وا ).

1.4.2 Empirical study

In the second part, an empirical study was conducted in the form of questionnaire

surveys of two professional categories; legal translators and specialized legal drafting

lawyers located in Saudi Arabia, according to the following method:

a. The first questionnaire consisted of 15 questions given to 24 professional legal

translators, concerning the difficulties in translating legal texts in general and

culture-bound legal terms in particular, the impact of new trends and changes in

legal language on legal translation, and the importance of consulting legal

drafters (lawyers). Also, two text samples taken from Arabic and English

22

contracts were translated by these translators. This questionnaire provides

answers to the following research questions:

- What are the difficulties involved in the translation of legal texts in general

and contracts in particular, including the translation of culture-specific legal

terms?

- What are the effects of working with legal drafters on legal translation?

b. The second questionnaire consisted of eight questions given to five legal drafters

(lawyers), concerning the drafting of legal documents in general and commercial

contracts in particular, the criteria for or basis of selecting one language version of a

translated contract as the prevailing version rather than accepting both versions as

legally valid documents in a court of law, and the importance of collaboration

between legal drafters and translators throughout the process of legal translation.

This questionnaire provides answers for the following research questions:


- What are the criteria or basis of selecting the prevailing version of a

contract?

1.5 Data set

1.5.1 Materials

The materials used in this study consisted of the following:

1. The empirical part was conducted in the form of two questionnaires, which

were completed by two categories of profession: legal translators and

specialized legal drafting lawyers located in Saudi Arabia. The questionnaire

consisted of the following:

23

a. A first questionnaire consisting of 15 questions and 2 appendices. The

first appendix contained a text sample of an English contract to be

translated into Arabic by the participants. The second appendix

contained a text sample of an Arabic contract to be translated into

English by the participants. The total number of respondents was 24

professional translators.

b. The second questionnaire consisted of 8 questions. The total number

of respondents was 5 legal drafters.

2. The FIDIC contract (Fédération Internationale Des Ingénieurs-Conseils). This

is in the form of a book that contains conditions of contract for works of civil

engineering construction. It has a bilingual layout in English and Arabic and

consists of 17,750 Arabic words and 21,300 English words. The reason for

selecting such a legal instrument is that it has been used widely by most

construction companies in some Arab countries such as Saudi Arabia, Jordan,

and Egypt, as a standard contract. It contains general terms and conditions:

that is, there is no personal information, no identities, nor numerical figures.

Both the Arabic and the English versions of this contract are widely used as

one-language contracts; they are not necessarily used as translated contracts.

Samples were taken from this book to be used for the purpose of contrastive

analysis only.

3. An Industrial land lease executed in Saudi Arabia by the Royal Commission

for Jubail & Yanbu and Petromin Lubricating Oil Company. It has a bilingual

layout and consists of 4,000 Arabic words and 4,500 English words. The

reason for selecting this document is for exposure to another type of contract:

a lease contract. All private information and figures were removed and

24

4. An agreement to arbitrate a boundary dispute between two countries

(Arbitration Compromise). This does not have a bilingual layout. The English

is the source language and the Arabic is the target. It consists of 500 Arabic

words and 570 English words. The reason for selecting this document is

exposure to a different type of legal text. All private information was deleted

and it was used as a sample for my linguistic analysis only. I obtained this

document from a book titled Taba by Rizq (1989).

5. An old legal document from the Ottoman period (a sample property deed)

selected from a book titled Some Arabic Legal Documents of the Ottoman

Period by Ebied & Young (1975). It consists of 180 Arabic words. A

counter-part contemporary deed is my own property deed, which consists of

80 Arabic words. The reason for selecting these instruments is to investigate

the changes in and development of these types of legal text in terms of

structure and style. All private information was deleted and the samples were

used for the purpose of contrastive analysis only.

1.5.2 Data Storage

All materials were hard copies. They were scanned into an electronic archive. Each

document was stored in a separate text file.

1.6 Layout of the thesis

This thesis is divided into five chapters. Each deals with a particular topic that

contributes to the overall discussion and leads to the conclusion.

25

Chapter 1 sheds some light on the background of this research, the objectives,

research questions, methodology, the data set, and its structure. In Chapter 2,

theoretical and practical studies are reviewed based on their contributions to this

field. They shed some light on the distinctive features of English and Arabic legal

language as well as affording a brief summary of their development throughout the

years. Then, differences and similarities between English and Arabic legal texts in

general and contracts and agreements in particular, are investigated in terms of

syntactic, semantic and stylistic features. Then, the influence of English legal texts

on Arabic legal texts and vice-versa is discussed, in the Arab world in general, and in

Saudi Arabia in particular, where most Arabic language contracts and agreements,

especially those of construction and multinational companies, are influenced by the

language of legal English contracts. Then, legal translation difficulties and practice

are investigated, including the international practice of legal translation compared to

the practice in Saudi Arabia.

In Chapter 3, the results of the questionnaires study are analysed and discussed. In

Chapter 4, a contrastive analysis of Arabic and English commercial contracts is

conducted in terms of structure and style. Also, the translation of legal texts is

discussed in terms of the difficulties encountered by translators as well as the

appropriate methods and procedures of translation adopted by legal translators. Then,

the discussion considers problems in translating culture-bound legal terms, and

provides solutions for legal translators. In Chapter 5, the conclusion is presented,

together with the recommendations of this thesis.

26

1.7 Limitations of the study

This study only concentrates on the written form of legal language. It sheds some

light on English and Arabic legal language and covers legal translation in general,

but its main focus is on legal translation practice in Saudi Arabia in terms of the

linguistic challenges encountered by professional translators located in Jeddah, Saudi

Arabia.

27

Chapter 2:

Legal language in English and Arabic

Introduction

This chapter investigates only the written form of legal language. Theoretical and

practical studies are reviewed based on their contributions to this field. This sheds

some light on both English and Arabic legal language, as well as on their

development throughout the years. Then, differences and similarities between

English and Arabic legal texts in general and contracts and agreements in particular,

are investigated in terms of syntactic, semantic and stylistic features. Finally, legal

translation in general is overviewed, including the practice in Saudi Arabia.

2.1 The nature of English legal language

2.1.1 The history of Legal English

The legal language of English has been comprehensively researched. This section

summarises the key findings. According to Melinkoff (1963: 34), the word “law”

itself is of Scandinavian origin. It came into old English about 1000 A.D. from

prehistoric Old Norse. This in turn derived from the old Icelandic word meaning

“something laid or fixed”.

Tiersma (1999: 16) states that a significant event for the language and the law of

England was the spread of Christianity in 597, since it promoted the use of Latin for

written law. Through the Roman Catholic Church, Latin once again had a major

presence in England. Its influence extended to legal matters, particularly by means of

28

the Canon Law, through which the Church regulated religious matters such as

marriage and family. The use of Latin as a legal language introduced terms like

“client” and “mediate”. From 1310, the language of statutes was French (Tiersma

1999: 20–23); however, Norman French and Latin had been used together since

1066. As a result, many French terms, such as “attorney general” and “Force

majeure” are used in legal English. In 1731, the English Parliament permanently

ended the use of Latin and French in legal proceedings; however, it became difficult

to translate many French and Latin terms into English. With another statute, it was

provided that the traditional names of writs and technical words would continue to be

in the original language (Tiersma, 1999: 36).

2.1.2 Characteristics of Legal English

Melinkoff (1963: 11) describes the language of the law as the customary language

used by lawyers in those Common Law jurisdictions where English is the official

language. He states that there are nine distinctive characteristics of legal English:

1. Frequent use of common words with uncommon

meanings.

2. Frequent use of Old English.

3. Frequent use of Latin words and phrases.

4. Frequent use of old French and Anglo-Norman

words.

5. Use of terms of art.

6. Use of argot.

29

7. Frequent use of formal words.

8. Deliberate use of words and expressions with

flexible meanings.

9. Attempting extreme precision of expression.

Maley (1994) indicates that present day legal discourse retains its identity as a highly

specialised and distinctive discourse type or genre of English. The discourse of the

legal systems of England, Canada, the United States of America, Australia, and New

Zealand, derives from the English Common law system, and is manifestly very

similar. Tiersma (1999: 40) adds that English colonizers transported legal English

throughout the British Empire, including North America. Despite antipathy towards

lawyers and the English, the Americans maintained the English legal language. The

Articles of Confederation linguistically were very convoluted and full of legalese.

According to Mattila & Goddard (2006: 3), legal language does not qualify as a

language in the same way as French, Finnish, or Arabic, for example. It operates as a

functional variant of a natural language, with its own domain of use and particular

linguistic norms. Maley (1994: 11) states that language is medium, process and

product in various areas of the law where legal texts, spoken or written, are generated

in the service of regulating social behaviour. Particularly in literate cultures, once

norms and proceedings are recorded, standardized and institutionalized, a special

legal language develops, representing a predictable process and pattern of functional

specialization.

30

Tiersma (1989) demonstrates that legal language developed naturally, under the

influence of diverse languages and cultures, as well as the growing complexity of the

legal system and the shift from predominantly oral to mainly written communication.

However, observing any form of discourse, one can evidently decide if it is of a legal

nature or not. There is a clear distinction between the language of everyday

conversation and the language of the law, such as legal documents. Gibbons (2004:

2) points out that everyday conversation, which most linguists believe to be the most

fundamental form of language, is often contextualized, referring to participants and

actions around the speakers. Legal documents, however, are mostly

decontextualized, attempting through various means to encompass linguistically

general classes of events and participants. Legal language plays an important role in

the construction, interpretation, negotiation and implementation of legal justice.

Through a limited set of legal genres an attempt is made to create and maintain a

model world of rights and obligations, permissions and prohibitions (Bhatia, Candlin

and Engberg, 2008: 9).

Legal language has a distinctive terminology or, according to Gibbons (2004: 2), is

full of technical jargon, much of it incomprehensible to lay people who may not

know the underlying legal concepts to which the jargon refers. For example,

expressions such as “Force majeure”, “liquidated damages”, or “for the benefit of

doubt” occur only in legal discourse. These legal concepts require appropriate terms

to express them, as Maley (1994) indicates that the law consists to some degree of

legal concepts, and therefore the words to express these concepts are essential. This

is always the case with the discourse of different fields, such as science and

literature, where one can find certain specialised terms or words expressing

31

underlying concepts. Therefore, legal language is a language for special purposes,

which means that there are varieties of legal terms used according to their function.

Mattila and Goddard (2006: 3) point out that legal language is often characterised as

a technical language or “technolect”, which is to say a language used by a specialised

professional.

Maley (1994: 13) also indicates that there is not one legal discourse but a set of

related legal discourses. Each has a characteristic flavour, but each differs according

to the situation in which it is used. These discourses are:

1. Judicial discourse: the language of judicial

decisions, spoken or written.

2. Courtroom discourse: used by judges, counsel,

court officials, witnesses, and other participants.

3. The language of legal documents: contracts,

regulations, deeds, wills, Acts of Parliament, or

statutes.

4. The discourse of legal consultation: between

lawyer and lawyer, lawyer and client.

There is also a police discourse, in the form of police records of interview, and

statements.

According to Bhatia (1987: 227), there are three main types of legal writing:

1. Academic legal writing.

32

2. Judicial writing.

3. Legislative writing.

These types include the following:

- Memos, petitions, and legal proceedings.

- Legislation, constitutions, and various regulations.

- Academic writing and law textbooks.

- Contracts, agreements, and wills.

However, legal English has recently created a variety of new forms. Tiersma (2007:

97) notes some examples of creative new legal language dealing with new ways of

forming agreements or licenses relating to software and other computer-related

activities, as shown in the examples below:

“shrink wrap” license (where the user assents to terms contained in software

itself in a user’s manual by opening the box)

“click wrap” licenses (where user clicks on a box or icon manifesting assent

to the terms of the license)

“browse wrap” licenses (where a user on the Internet clicks on a notice that

takes him to a separate web page.

English legal language has developed throughout the years, and the so-called ‘Plain

English’ is one of these developments. It is used, nowadays, in some countries such

as the United States, Australia and The United Kingdom (Tiersma 2007: 97).

33

2.1.3 Plain legal English

The plain English legal language movement started in the 1970s in the United States

to make legal language more accessible to average people. By the 80s and 90s, the

movement reached other English-speaking countries such as Australia and The

United Kingdom. The aim of this plain English campaign is the use of simple and

clear legal language in the legal profession. The tools to achieve the aim, according

to CLARITY (an international association promoting plain legal language) are:

avoiding archaic, obscure, and over-elaborate

language in legal work;

drafting legal documents in language that is both

certain in meaning and easily understandable;

exchanging ideas and precedents, not to be

followed slavishly but to give guidance in

producing good written and spoken legal

language;

exerting a firm, responsible influence on the style

of legal language, with the hope of achieving a

change in fashion. (CLARITY 2009).

Thus, words and expressions such as aforesaid, henceforward, hereinbefore, and

hereinafter must be avoided according to the rules of plain English. However, these

words and expressions are still used in contracts in some parts of the world, such as

Saudi Arabia, and sometimes can be problematic when translated into Arabic.

34

2.1.4 Legal writing and legal drafting

According to Costanzo (1995), legal writing provides practical solutions and

suggestions for certain problems, but legal drafting determines relations among

parties and clarifies procedures agreed upon by such parties. Where most legal

drafting is based on what has previously been drafted, legal writing is considered to

be creative.

Legal drafting, in general, deals with both format and style. The formats of legal

documents vary according to their organization of contents; for instance, a marriage

contract format is different from that of a commercial contract in terms of division

and organization of contents. As to the style, most legal documents use the same

style in terms of terminology and sentence structure.

According to Sabra (2001) legal drafting can be divided into two main branches: a)

drafting of legal documents such as rules, contracts and wills, b) drafting of

pleadings such as statements of action or statements of defence. There is a difference

between legislative drafting and legal writing formats. The former formulates

‘preventive law’ by adopting descriptive as well as prescriptive styles to set rules and

orders, while the latter adopts a persuasive style in legal writing of pleadings and

claims.

2. 2 The nature of Arabic legal language

Legal language in Arabic has two principal foundations: Islamic Law, and Roman or

Common Law. After the fall of the Ottoman Empire, which ruled the Arab countries,

most of these countries began to develop new laws. According to Rayner (1991: 48),

35

the Lebanese Law of Obligation and Contracts of 1932 was based squarely on

French law, and the Egyptian 1949 law, and therefore the Iraqi and Syrian laws

which developed from it, were derived from the French model. In some Gulf States

such as Kuwait, Bahrain, Qatar, and Saudi Arabia, the case varies from one state to

the other. According to Ballantyne (1986: 4) Kuwait, having reviewed the laws in the

light of Islamic law, established two new Civil and Commercial Codes, which took

effect in 1981. The Bahrain’s Constitution prescribed the Sharia as a principal source

of law, and the Qatari Law of Civil and Commercial Matters is a truncated version of

the old 1961 Kuwait Commercial Code.

Mallat (2000: 3) points out that in the contemporary civil law of obligations, a

“Middle Eastern style” could perhaps be identified as a patchwork of European and

local traditions, with a language and a terminology sometimes derived from classical

Islamic law. In Saudi Arabia, which is the main target of this study, Sharia is the

law of the land. Although it is considered as the most traditionalist Islamic legal

system in the world today, it has created legal institutions that appear modern and

western, and these include laws on labour relations, commercial papers, traffic rules,

social security, and government tenders as well as relevant judicial bodies (Vogel

2000: xiv). However, the legal language of the documents issued by the Saudi courts

of law is different from the language used in contemporary commercial contracts.

The former uses a style and terminology derived from classical Islamic law, but the

latter uses an influenced style and terminology as a result of the translation of foreign

language contracts.

36

2.2.1. Islamic law

The primary sources of Islamic law are the Holy Quran (the holy book for Muslims),

and the Sunna (The Prophet Muhammad’s legal decisions, deeds, and utterances).

Together, they form what is called in Arabic, Sharia. The Sharia governs every

aspect of a Muslim’s life, including economic and social contracts. There is no doubt

that there were pre-Islamic commercial laws in the Arab regions controlling the

trades between Makkah and some other regions such as Ash-Sham (Syria) and

Yemen, which are mentioned in the Quran as the “Journey of winter and summer”.

But those trade laws were conventions rather than well established laws. The

following is a clear example of a contract formation including period of time, writing

of contract and liabilities, as understood from a Quranic verse:

O ye who believe! When ye deal with each other, in transactions involving

future obligations in a fixed period of time, reduce them to writing, let a

scribe write down faithfully as between the parties: let not the scribe refuse to

write: as Allah has taught him so let him write. Let him who incurs the

liability dictate, but let him fear His Lord Allah, and not diminish naught of

what he owes. (Yusuf Ali’s translation of the meanings of “Al-Baqara” [The

Cow] Surah verse: 282).

The mode of command used in this verse is characteristic of the Quranic approach.

Here is another example of the establishment of Islamic laws: the following verse

provides a detailed legal order of inheritance:

37

And unto you belongeth a half of that which your wives leave, if they leave

no child; but if they have a child then unto you the fourth of that which they

leave, after any legacy they may have bequeathed, or debt (they may have

contracted, hath been paid). And unto them belongeth the fourth of that which

ye leave if ye have no child, but if ye have a child then the eighth of that

which ye leave, after any legacy ye may have bequeathed, or debt (ye may

have contracted, hath been paid). And if a man or a woman have a distant

heir (having left neither parent nor child), and he (or she) have a brother or a

sister (only on the mother’s side) then to each of them twain (the brother and

the sister) the sixth, and if they be more than two, then they shall be shares in

the third, after any legacy that may have been bequeathed or debt (contracted)

not injuring (the heirs by willing away more than a third of the heritage) hath

been paid. A commandment from Allah. Allah is knower, Indulgent.

(Pickthal’s translation of “An-Nissa” (Women) Surah verse 12).

This verse urged the establishment of a new legal discourse, principled written laws,

that were substantially different from the then prevailing laws in the Arabian

Peninsula. According to Coulson (1964: 9):

The Quranic legislation and the Islamic law of inheritance are best viewed

against the background of the tribal customary law of pre-Islamic Arabia, that

is, the customary inheritance practices of the nomadic Arabs living in the

Hijaz (west of Saudi Arabia) prior to the rise of Islam. This tribal society was

patrilineal in its structure and patriarchal in its ethos; individual tribes were

formed of adult males who traced their descent from a common ancestor

38

through exclusively male links. The tribe was bound by the body of unwritten

rules that had developed as a manifestation of its spirit and character.

However, these laws were vastly developed by jurisprudence, due to the further

expansion of Islam and its economic boom throughout the years. Devoted juristic

scholars’ works have played a very important role in such development through

derivation, analogy, and other methods of Islamic studies. There are four principal

schools of jurisprudence: Maliki, Hanafi, Shafii and Hanbali. Each of these schools

is named after its founder. Rayner (1991: 2) indicates that the classical theory of the

sources of the Islamic law was formulated by Muhammad Ibn Idris al-shafii (d.822).

Al-shafii was the first to establish the precedence of the Prophet as the second source

of the law; this he derived from the Quranic injunction to “obey God and his

Prophet”. However, in a few centuries after the era of the Prophet, Islam expanded

into countries beyond the Arabian Peninsula. It reached Yemen, Syria, Persia,

Egypt, North Africa, Spain, France, and Central Asia. This led to new legal problems

for the Arab rulers. According to Khadduri (1953: 11), the development of Islamic

law would have been less complex and the differences among jurists probably less

controversial and confusing if the Muslim community had remained confined to

Arabia. Nevertheless, Rayner (1991: 22) adds that the law therefore continued to

develop through the next centuries by means of an independent arrangement of

doctrine, an originality of argument and an evolving use of legal terminology.

39

2. 3 English and Arabic legal texts: A contrastive analysis

While legal language covers a wide variety of oral and written legal forms, this study

investigates only written English and Arabic legal texts in general, and contracts and

agreements in particular.

As one of the main objectives of this study is to investigate the differences and

similarities between Arabic and English legal texts in general and contract language

in particular, this section investigates: firstly, the syntactic features in terms of the

use of nominalisation, choice of tense, and the use of passive: secondly, the stylistic

features in terms of structure, the use of long sentences, and the use of complex

provision: thirdly, semantic features in terms of modality, the words of authority; that

is, modals such as shall, must, may, and will that a legal document requires to

express precisely the purpose, right, or duty of the parties involved in such

documents. This includes some of my data analysis. The framework of analysis used

is heuristic, as proposed by Hatim & Mason (1997: 14): “it would be desirable to

proceed by observation based solely on sound empirical evidence. But, texts being

what they are—an imperfect record of communicative events—we sometimes find it

necessary to settle for what may be described as heuristic procedures”.

2. 3.1 Syntactic features

2.3.1.1 Nominalisation

In this subsection, both Arabic and English samples of data are simultaneously

analysed to reveal the similarities and differences between both texts. According to

Crystal & Davy (1996) legal English sentences are, almost without exception,

complex, typically consisting of adverbial, conditional, concessive, or purposive

40

clauses preceding the main clause. Examples of such clauses are also found in Arabic

legal texts as well, for example:

English Text Arabic Text

“In the event of any such loss or damage

happening from any of the risks defined

in sub-clause . . .”

ェヶプاャة ョا إذا ェدろを هذロ اジガャارة أو ゼルأ هذا “

ヶハرヘャد اレらャا ヶプ ةプ∂رバヨャر اデاガヨャا リョ أي リハ ررツャا

. . .”

(The FIDIC Contract: 34)


“In witness whereof. . .” “ . . . دمボゎ اョ ىヤハ ًهاداセوإ ”


Written legal English is highly nominal, i.e., many features of any given legal text

operate within nominal group structures. For example: “The Lessee shall use the. .

.”, “the contractor may . . .”, “In the event of. . .”, “each party may. . .”

In contrast, written legal Arabic is highly verbal, i.e., many features in any given

legal text operate within a verbal group structure. This can be illustrated by the

following sentence-initial verbs such as: ‘The contractor may’, اولボヨヤャ وزイΑ and ‘The

first party undertakes’ ولΕرف اトャزم اわヤΑ

But, it is not acceptable in legal Arabic to write, for example:

‘The contractor undertakes’ ョاΒボャاول اボヨヤャ إن

However, deviations from this norm abound, especially in the preambles of various

Arabic legal texts. For example:

41


“Israel and Egypt…reaffirming…” “モΒもراシر وإダョ ؤآدان.. . . . إنゎ إذ . . . ..”

(Taba agreement between Egypt & Israel: 1)


“Whereas, the Royal Commission has

been given…..”

”.. . . . . . . وゑΒェ أホヮルد أレシد اヶャ اャهゃΒة اヤヨャكΒة “

(The Royal Commission Contract: 1)

And also in the following prepositional clauses:


“The Engineer shall have the authority to

issue the Contractor……”

“ ゎزوΑد اボヨャاولヨヤャهレدس トヤシة ”



“In event of any such loss………” “ارةジガャا ロهذ ろをدェ ا إذاョ ةャاェヶプ . . . .”


2.3.1.2 Choice of tense

Legal Arabic and legal English, both use the present simple tense, for example:

“ ヤハょイΑى رب اわヤΑ... ,モヨバャزم اトャرف اΕول, ..バわΑهد اボヨャاول ”.... “The contractor shall submit . . .

, the first party undertakes to . . . , the employer must comply with . . .” The use of

present simple in legal English often corresponds to present tense in legal Arabic

tense. There is, however, no corresponding verbal form to the present perfect in

English, for example:

42


“Whereas the Employer ….has accepted

a Tender by the contractor….”

اボヨャاول وゑΒェ أن رب اホモヨバャد トハモらホاء “ . . . ”



“Whereas the Royal Commission has

agreed to lease . . .”

. . وゑΒェ أن اャهゃΒة اヤヨャكΒة ホد واヤハろボプى أن ゎؤィر“

. .”


AlKhuli (1999: 67) argues that

Arabic has the perfective aspect although it is not formally classified as such

by Arabic grammarians; however, Arabic uses the past form of the verb to

express the present perfect preceded by the particle “دホ” to mark the

perfective aspect.

By looking at the examples above, we find that English uses the auxiliary “has” +

past participle to express the present perfect, while Arabic uses the only past form in

Arabic preceded by the particle “دホ” to correspond to the present perfect.

According to Holes (1995: 190) “دホ” is used to denote actions which occurred in the

past but whose consequences are of pragmatic relevance to the current discourse

topic, for example: “ヮヤィر رジآ” means “he broke his leg” (past event-stating) but “ دホ

ヮヤィر رジآ” means “he has broken his leg” (past event with present relevance, e.g.,

43

reason for his not being able to play next week). Holes (1995: 190,191) also adds

that:

reading contemporary written Arabic, one has the impression that the use of

auxiliaries to form “compound tenses” is much more widespread than was

true in the writing of the early nineteenth century, and certainly, going back

further, when compared to mediaeval prose.

2.3.1.3 The use of the passive

According to Halliday and Hasan (1970) the choice of the passive, rather than the

active, in any language relates to the textual function of the language. For the passive

in English, Lyons (1968: 376) lists three categories of passive:

Passive with a specific agent (Bill was killed by John)

Passive with a non-specific agent (Bill was killed by someone)

Passive without mention of the agent (Bill was killed)

On the other hand, the Arabic passive, as stated by Cantarino (1975: 52) is used for

the purpose of placing a greater emphasis upon the action and its object. However,

Badawi, Carter & Gully (2004: 4) reject Cantarino’s grammatical analysis, stating

that “Cantarino’s grammatical analysis is sometimes unconvincing, being often

idiosyncratic and always Eurocentric: one has the impression that the Arabic has first

been translated and then analysed according to the parsing of the resulting English”.

Khalil (1993: 169) indicates that Arab grammarians have always described the

passive in Classical Arabic (CA) as an agentless construction. English, unlike CA,

44

has both agentless and agentive passive constructions. But, Badawi, Carter & Gully

(2004: 383) argue to the contrary, that the:

Arabic passive exists primarily to express an act whose agent is unknown or

suppressed, hence cannot in theory be mentioned even periphrastically

elsewhere in the sentence, though MWA (Modern Written Arabic) is starting

to do so under the influence of European languages.

They added (2004: 358) that in spite of the original purpose of the passive, to

eliminate the agent, increasingly in MWA the agent is re-introduced into passive

sentences by means of such prepositional phrases as “モらホリョ”, which means “on the

part of”. For example:


“the lessee has been authorized by the

Ministry of Industry and Electricity”.

ジヨヤャウΑرダわャا ユゎ ةハاレダャوزارة ا モらホリョ رィأわ

واャكهرよاء

As to legal language, both Arabic and English use agent-less passive sentences:


“any substantial part of the permanent

works which has been completed to the

satisfaction of the Engineer”.

أي ィزء ィوهري リョ اヨハΕال اャداヨもة Αكون ホد أイルز

ヤハى エルو ΑرヮΒツゎ اヨャهレدس

45

However, Arabic, unlike English, has a special morphological form for the passive,

where auxiliaries are not used, as seen in the following case:


“Written pleadings shall be filed

simultaneously with the registrar…..”

ろホو ヶプモイジヨャدى اャ ةよوわكヨャات اバプراヨャودع اゎ

リョزاわョ

The above Arabic statement can be rewritten with the auxiliary or the helping verb

“ユわΑ” to read as: “ةよوわكヨャات اバプراヨャداع اΑإ ユわΑ . . . ”

Although the elliptic passive structure, for example, the passive participle, is possible

in legal Arabic, adjective clauses with finite active verbs are more common:

”.وボプا ヌレヤャام واトャرリΒわボΑ اヤャذボゎリΑررهヨا اエヨャكヨة“

2.3.2 Semantic features

2.3.2.1 Modality

Contracts frequently deal with obligations, possibilities, authorisations, and

permissions. In this subsection, both Arabic and English samples of data are analysed

to illustrate the problem of modality in legal translation. According to Palmer (2001),

modalities in the English language include: “propositional modality” and “event

modality”. Propositional modality is classified into two main types, “Epistemic” and

“Evidential”. Palmer (2001: 8) adds that “the essential difference between these two

types is that with epistemic modality speakers express their judgements about the

factual status of the proposition, whereas with evidential modality they indicate the

evidence they have for its factual status”. On the other hand, event modality is also

46

classified into two main types, “Deontic” and “Dynamic”. Palmer (2001: 9) points

out that

in the simplest terms the difference between them is that with deontic modality

the conditioning factors are external to the relevant individual, whereas with

dynamic modality they are internal. Thus deontic modality relates to obligation

or permission, emanating from an external source, whereas dynamic modality

relates to ability or willingness, which comes from the individual concerned.

There are also some other classifications of modality types. Bybee, Perkins, and

Pagliuca (1994: 181) classified modality as:

Agent-oriented modality.

Speaker-oriented modality.

Epistemic modality.

Subordinating moods.

Form/meaning correspondence.

However, Coates (1983: 5) presents some modal forms and their meanings, which

are illustrated in the following table:

Modal Meaning

must

shall

strong

should

ought

weak

Obligation

47

must confident

should

ought

tentative

Inference

can

could

may

might

root

may

might

could

epistemic

Possibility

can

could

Ability

can

could

may

Permission

might

will

shall

Volition

will

would

shall

Prediction

could

should

might

Hypothesis

48

would

should

may

Quasi-Subjunctive

Table 2.3.2.1a

For the purposes of this study, I shall be concerned only with “deontic” modal

auxiliaries, which are called in legal discourse the “words of authority”. These words

are “shall”, “must”, “may”, “will”, which are widely used in legal English:

“ The Contractor shall take full responsibility…..”

“The Engineer may delegate……”

Here are some other definitions of these words of authority as used in a legal context:

1. Shall = has a duty to.

2. Shall not = has a duty not to.

3. Must = is required to.

4. Must not = is disallowed from, is not permitted to.

5. May = has discretion to, is permitted to, is authorized to.

6. May not = is disallowed from, is not permitted to.

7. Will = (a) expresses a future contingency, or

(b) in an adhesion contract, expresses one’s own client’s obligations.

Modality in Arabic language, according to Holes (1995: 181) is often reserved for

semantic distinctions covering such categories as ability, possibility, obligation,

49

etcetera, and is further subdivisible into “deontic” and “epistemic” modality. Holes

(1995: 182), also adds that “in Modern Standard Arabic, mood and modality are

intimately bound up. Mood inflection is always marked in the prefix-stem, and is

frequently a morphological correlate of modal meaning of one kind or another,

expressed lexically elsewhere in the sentence”. However, I shall focus on the Arabic

“deontic” modality inflections, which can be illustrated in the following table:

Arabic Modal Example Meaning English Equivalent

ヤハょイΑى اボヨャاول ヤハょイΑى

It is a must The contractor must

it is a must =

obligation on

リΒバわΑ ヶルاんャرف اトャى اヤハリΒバわΑ

It is a must on The second party

shall/must

individual duty =

obligation

it is an obligation on

shall/must

わヤΑزم اトャرف اΕول わヤΑزم

Obliged to The first party is

obliged to

ヤハى

An obligation on

ヤハى اボヨャاول

The contractor is

obliged to

it is an obligation on

バわΑهد

Undertake

バわΑهد اトャرف اΕول

The first party

undertakes to

it is an undertaking

= obligation

イΑوز ャرب اイΑΙ Ιモヨバャوز

It is not allowed The employer is not

is not allowed = shall not or must not

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allowed

イΑوز ボヨヤャاول イΑوز

it is allowed or

permitted to

The contractor may

it is allowed =

discretion and

permission

リكヨΑ

it is possible

ヶルاんャرف اトヤャリكヨΑ

The second party

may

it is possible =

possibility,

for = discretion and

permission

may

ボヨヤャاول ل

For It is a permission for

the contractor to

シ is going to = futureوف ユわΑ اわャوシノΒホوف

action and

obligation

will will . . . will be signed

Table 2.3.2.1b

By looking at the following examples, we find that in all cases the “agent” or the

“subject” is required or permitted to perform a certain duty:

1. The Contractor shall clear away

ヶヤガΑ اول أنボヨャى اヤハ

2. The Contractor shall deliver to

ユヤジΑ اول أنボヨャى اヤハ

3. The Contractor shall design

ユヨダΑ اول أنボヨャى اヤハ

4. The Employer may effect any such insurance.

リΒョأわャود اボハリョ اΑرم أらΑ أن モヨバャرب اャ

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5. Which the Contractor will be entitled to under this contract.

اシヶわャوف ボエわジΑها اボヨャاول ボらデا ャهذا اボバャد

6. The Contractor shall not assign the contract.

ن エΑول اボバャدأイΑ Ιوز ボヨヤャاول

7. The Employer shall have made available to the contractor.

ヤハリΒバわΑى رب اモヨバャ أن ダゎろエゎノツΑرف اボヨャاول

These words of authority constitute a high proportion of the main verbal groups used

in legal language, and are very important for the core of any legal document in terms

of stating rights and duties.

However, the word “shall” is more commonly used in legal English, and at the same

time it is the most misused one, which can raise some problems for legal translators,

as follows:

(a) It is used as a future tense modal verb instead of a mandatory one:

“The Employer shall not at any time be liable for the loss of or damage to

any…..”

(b) It is used in a permissive rather than a mandatory sense:

“The Engineer shall make any variation of the form, quality or quantity of the

works or…….”

(c) It states rights instead of duties:

“For all works executed…, the Contractor shall be entitled to: (a) the actual

price…”

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For legal Arabic, the word “shall” has no exact equivalent; however, the choice

depends on the mode of the SL (source language) sentence. Sometimes, the word

“shall” is not transferred to the TLT (target language text) through an equivalent but

its sense is transferred through the verb that follows it:

“In these conditions, the expression “Defects liability Period” shall mean….”

)ョدة اゃジヨャوΒャة リハ اΒバャوب( ダボ⊥Α ウヤトダヨよد ヶプ هذロ اゼャروط

In this example, the Arabic equivalent for “shall” is zero.

The difference between “shall” and “may”:

The word “shall” ordinarily connotes language of command, while “may” is

permissive, stating merely what is allowed. Thus, in case of translation, the Arabic

equivalent for “May” is usually “وزイΑ”. Sometimes, the use of a negative subject

with the mandatory verb “shall” can cause a real misunderstanding of the statement,

e.g., “No additional papers…..shall be submitted”. In this example, the sentence says

literally that no papers are required, instead of prohibiting an act. However, the use

of the word “may” instead of “shall” “No additional papers …may be submitted”

can negate all obligations and at the same time denies permission:

No additional papers shall be submitted = No additional papers must be

submitted

No additional papers may be submitted = No more additional papers are allowed

to be submitted

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In properly drafted legal documents, the word “shall” denotes compulsion—the

obligation to act—not that a person will or will not act in some future time.

Tense, passive, and modality in both Arabic and English legal sentences are

thoroughly investigated in Chapter 4 of this study as part of the data analysis.

2. 3.3 Textualization and stylistic features

2.3.3.1 Layout

In this subsection, both Arabic and English samples of data are simultaneously

analysed to tackle the stylistic features among both texts. According to Hatim (1997:

14) the legal document (e.g. the Resolutionرارボャا , the Treaty اهدةバヨャا) may best be

viewed as consisting of four major parts: a Preamble ةィاらΑدャا, an initial Article ةエゎاプ, a

set of articles وادョ and a Concluding Article ةヨゎاカ. However, speaking of contracts,

there are many English definitions of the term. According to Calamari and Perillo

(1987: 1), no entirely satisfactory definition of the term “contract” has ever been

devised. The difficulty of definition arises from the diversity of the expressions of

assent which may properly be denominated contracts, and from the various

perspectives from which their formation and consequences may be viewed. Every

contract involves at least one promise which has legal consequences. The usual, but

not the inevitable, legal consequence is that performance of the promise may be

enforced in court by a decree for specific performance or a money judgment.

While it is true that a promise is a necessary element in every contract, frequently the

promise is coupled with other elements, such as physical acts, recitals of fact, and the

immediate transfer of property interests. In ordinary usage the contract is not the

54

promise alone, but the entire complex of these elements. In differentiation between

contract and agreement, Calamari and Perillo (1987: 2) point out the troublesome

fact that there are certain kinds of contracts that may be formed without any

agreement by a second party.

This is also true in Arabic Islamic law, where we can find some types of contracts

such as the contracts of hbh (gift), wqf (endowment), and Tlaq (divorce).

Arabic and English contracts in the FIDIC materials are somewhat similar in layout.

Headings are distinguished by larger or heavier type. However, Arabic lacks

capitalization and italics. The organization of most contracts is divided into two

sections; (a) the preamble and (b) the general provisions.

The preamble consists of the following:

1. Subject and number of the contract at the top, for example:

“Industrial Land Lease” ةΒハاレタ ةボトレヨよ ارイΑد اボハ

6619 رユホ ار ヶシ ال へي

No.RCLI-6619

2. Location, date of signing the contract, and names of the parties under the contract

and their representatives as well as names of the parties agreed upon to be referred to

within the contract thereafter, for example:

ハام-----セリョهر----ユゎ اよرام هذا اボバャد ョヶプدレΑة ノらレΑ اレダャاΒハة よاヤヨヨャكة اバャرΒよة اバジャودΑة ヶプ اΒャوم"

هイري1415

: リΒよ آゎ ( "リョモارシオΑرΑان اボバャد " واゼヨャار اヨΒプヮΒャا バよد ب( م セリョ---1994هر---اヨャواペプ اΒャوم

وヤんヨΑها ョدΑر ハام ゼョروع اャهゃΒة اヤヨャكΒة ノらレΒよ و " اャهゃΒة اヤヨャكΒة " اャهゃΒة اヤヨャكΒة モΒらイヤャ وノらレΑ اゼヨャار اΒャها ب

. اヘヨャوض رΒヨシا よاよرام هذا اボバャد

55

" و "

ユΒエゼわャا ろΑر زΑكرわャリΒョروわよ رآةセوت ( وΑزャاة اヘダョ (د بバよ اヨΒプ هاΒャار اゼヨャر" واィأわジヨャا "Αها وヤんヨ

. رザヤイョザΒも اΙدارة واツバャو اわレヨャدب اΒヘレわャذي واヘヨャوض رΒヨシا よاよرام هذا اボバャد

“This lease is entered into in Madinat Yanbu Al-Sinaiyah, Kingdom of Saudi

Arabia, this---day of 1415A.H., corresponding to the---of---1994 A.D. (hereinafter

referred to as the effective date of the Lease ) between:

ON THE ONE HAND,

The ROYAL COMMISSION FOR JUBAIL AND YANBU (the “Royal Commission” )

represented by---, the Director General for the Royal Commission Project in Yanbu,

duly authorized to enter this Lease:

AND ON THE OTHER,

PETROMIN LUBRICATING OIL REFINING COMPANY, (the “Lessee”),

represented by---, the Chairman and Executive Director, duly authorized to enter

into this Lease.

3. The “Witnesseth” “ةョدボョ” د ”أوΒهヨゎ” . This is the subject of the main clause. In the

preamble, there is always a section of many dependent clauses (called “recitals” by

lawyers) that follow and are introduced by the conjunction “whereas” “ゑΒェ”.

Following this, there is always an adverbial “now”:


“Whereas the Employer …….has

accepted a Tender by Contractor for the

اホモヨバャد トハモらホاء اボヨャاول Βボヤャام Βヘレわよذ وゑΒェ أن رب

,واヨゎام ヤゎك اヨハΕال واΚタح أΑة Βハوب Βプها

56

execution and completion of such works

and the remedying of any defects herein,

Now, this agreement witnesseth as

follows:” 1

ヶヤΑاョ ىヤハ ةΒホاヘゎΙا ロهذ ろダル دボプ كャذャ


4. The general provisions, that is, articles or sections of the contract:

a. Definitions: Most commercial contracts start with the article of “definitions”

in which important lexical terms are defined for the purpose of the ,”اバわャرヘΑات“

contract. Examples include:

b. “Scope of Work” “モヨバャاق اトル”

c. “Value of the Contract” “دボバャة اヨΒホ”

d. “Period of the Contract” “دボバャدة اョ”

e. “Rights and Obligations” “اتョزاわャΙوق واボエャا”

f. Various supplemental articles, depending on the nature of the contract.

g. At the end of the contract, there is the adverbial clause:

“In Witness whereof the parties hereto have caused this agreement to be executed

the day…, in accordance with their respective laws”

“ وボプا وذャك ................ボプد أرツゎى اデΕراف أن ユわΑ اわャوヤハノΒホى اヘゎΙاΒホة ヶプ اΒャوم, وإセهاداً ヤハى ョاボゎدم

ユهレョモكよ ةタاガャا リΒルواボヤャ”


Then, the contract is signed by the parties.

57

The following table is a detailed illustration of the common organization of most

commercial contracts, according to Bonell (1994) and Calamari and Perillo (1987):

RECITALS Background & purpose of contract.

Statement of Consideration.

MAIN CLAUSE Each party’s obligations.

Terms of Payment.

Conditions Precedent & Subsequent.

Duration of Contract.

LIABILITY, DAMAGES

AND REMEDIES

Liabilities & Subsidiary Responsibilities.

Force Majeure.

Default, Breach.

Termination.

Damages.

Remedies.

Arbitration.

ASSIGNABILITIES Delegation.

Assignabilities.

Allowing or Disallowing Successors.

TIME Time for Performance.

Time for Essence.

Extensions, Renewals, Options.

HOUSEKEEPING

PROVISIONS

Assumption of Good Faith.

Representations & Warranties.

Severability Clause.

Merger Clause.

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Choice of Law Provision.

CONCLUDING

CLAUSES

Acknowledgment.

Signature.

Date.

Table 2.3.3.1

The conventions of the preamble are observed in most contracts as well as in other

types of legal documents, such as the following treaty (Arbitration Compromise):

Arbitration Compromise

Israel and Egypt,

- Reaffirming their adherence to the provisions of the treaty of Peace of 26

March, 1979 . . . . . . . . . . . . .

- Recognizing that a dispute has arisen,………..

- Recalling their obligation under the United Nations Charter to………….

- Considering the conclusion and implementation of this agreement………

- Affirming their intention to fulfill in good faith their obligations………..

- Recalling their obligation to settle disputes in accordance with…………..

- Confirming their commitment to the provisions of the agreement ………

- Having resolved to establish an arbitration tribunal……..

- Have agreed to submit the dispute to binding arbitration………

59

The following is an Arabic translation of the above:

ユΒكエゎ ةデارゼョ

وإシراモΒもإن ダョر

ヶプ مΚジャاهدة اバョ كامェأよ اヨكهジヨゎ دΑدィリョ ؤآدانゎ ارس 26إذョ1979

واذ わバゎرプان よأن ルزاハاً ホد ゼルأ

وإذ ゎذآران よإわャزاョهヨا اレャاんΒョリョノよاق اユョΕ اエわヨャدة

وإذ らわバゎران أن إハداد وペΒらトゎ هذا اヘゎΙاق

وإذ ゎؤآدان わΒルهヨا Βヘレわよذ إわャزاョاゎهヨا Βルリジエよة

ران よإわャزاョهヨا ジわよوΑة اレヨャازハات وボプاًوإذ ゎذآ

وإذ ゎؤآدان إわャزاョهヨا よأェكام إヘゎاق

ヶكエゎユكエョ اءゼルى إヤハ اわョزハ دホو

إわボヘゎا ヤハى إェاャة اレャزاع إャى اエわャكユΒ اヤヨャزم


Another feature of the layout of legal documents can be termed “structural

parallelism”, whereby each paragraph of the preamble or article is introduced by a

word of the same grammatical sub-category; e.g., the verbal “reaffirming,

recognizing, recalling….” The Arabic translation above is considered a translation of

form and content, without one text in any way impinging on the other. This is due to

two facts: (a) the layout conventions of both Arabic and English legal texts are

similar, (b) the attempt in legal translation to render, as closely as the semantic and

syntactic structures of the target language text allow, the exact contextual meaning of

the source language text. If we look at the top of the preamble, we find that the

parties to the document (Israel and Egypt) are followed by a series of non-finite

adverbial clauses such as “reaffirming”, “recognizing” … etc., then, at the bottom,

60

there is the main clause “Have agreed”. To sum up, Hatim (1997: 14) concludes that

each section of the legal document has a “language” of its own which is essentially

of a formulaic nature. The translator must therefore be acquainted with these

conventions in both English and Arabic.

2.3.3.2 The use of long sentences

Bhatia (1994) points out that legal documents are assembled on the basis of a type of

‘cognitive structuring’ in which core propositions, along with all the conditions

under which it applies, are presented as a single syntactic structure, often of great

length and complexity. An example of such a long and complex single syntactic

structure is this whole paragraph sentence, which consists of 67 words in this article

of contract:

If at any time it should appear to the Engineer that the actual progress of the

works does not conform to the program to which consent has been given

under Sub-Clause 14.1 , the Contractor shall produce, at the request of the

Engineer, a revised program showing the modifications to such program

necessary to ensure completion of the works within the Time for Completion.

(The FIDIC: 26)

Contracts commonly contain long sentences, which may be hard to read. However, it

is a task of the legal drafter to avoid such long sentences by using periods which do

not cause a complete shift of the topic, and most importantly, economising the use of

words. For example, instead of stating “if at any time it should appear to the

Engineer that the actual progress of the works does not conform to the program to

which consent has been given under Sub-Clause…”, it can be stated as: “if it appears

61

to the Engineer that the progress of the works does not conform to the program given

under Sub-Clause…”. Looking at the rewriting of the clause, we can see a decrease

of nine words and at the same time there is no risk of loss of legal meaning which

could lead to dispute among parties.

2.3.3.3 The use of Complex Provisions

A complex provision is when an article of a contract contains a conditional plan for

either party. Such provision may carry many qualifications, usually because it

operates in limited circumstances. Words such as “upon”, “when”, “if”, “but not”,

and the like signal a complex provision, which becomes difficult to read when

conditions are numerous or the qualifications are wordy. However, creating a

readable complex provision is not an easy task. Consider the following example:

“Upon occurrence of any of the following events: (a) the Company’s assigning the

Contractor to perform additional…… (b) the Company’s instructions to the

Contractor to stop the work…….(c) force majeure (such as………….), the Contractor

shall be exempted from………”.

Here is my suggested rewriting of the provision with the subject and predicate

upfront, the conditions following, and the unnecessary wordiness omitted:

“The Contractor shall be exempted from…….under the following conditions:

(a) if the Company assigns the Contractor to perform……

(b) if the Company instructs the Contractor to stop the work…..

(c) if force majeure occurs (such as ………………………).

If the legal drafters followed the above rewriting example, it would make the task of

legal translators easier, as it is simply structured.

62

2.4 Legal Translation

Legal translation is widely practised on an international scale. This study investigates

the international practice of legal translation compared to the practice in Saudi

Arabia.

2. 4.1 Overview of Legal translation

Legal translation is one of the specialised fields of translation. According to Wagner

(2003): “In this era of modernisation and globalisation, legal translation plays an

essential role as a means of communication enabling the mechanism of the law—i.e.

the legal reasoning and drafting—to work in more than one language”. Legal

translation covers varieties of legal texts; contracts, regulations, deeds, wills, or

statutes. However, I shall first classify legal translation type according to the

commonly used typology, i.e. into the classifications of general, literary and

specialist or technical translation. Accordingly, Cao (2007: 8) indicates that legal

translation falls under the specialist, or technical category of translation. There is

another classification by Sarcevic (1997), in which legal translation can be classified

into the following categories according to the functions of legal texts in the source

language (SL):

1. primary prescriptive, e.g., laws, regulations, codes, contracts, treaties and

conventions.

2. primary descriptive and also prescriptive, e.g., judicial decisions and legal

instruments such as actions, pleadings, briefs, appeals, requests, petitions etc.

63

3. purely descriptive, e.g., scholarly works written by legal scholars, such as

legal opinions, law textbooks, articles etc.

Having classified legal translation according to the typology or text functions, I shall

move to the core of the whole process, which is the translator. According to Smith

(1995: 181), there are three prerequisites for successful translation of legal texts: The

legal translator:

1. must acquire a basic knowledge of the legal systems, both in the source

language and the target language;

2. must possess familiarity with the relevant terminology;

3. must be competent in the target language specific legal writing style.

Adding to these skills, Wagner (2003) points out that the translator must understand

all the mechanisms of the law, and the way legal texts are drafted, interpreted and

applied in practice. However, to produce a text that leads to the required outcome in

practice, the translator must be able “to understand not only what the words mean

and what a sentence means, but also what legal effect it is supposed to have, and how

to achieve that legal effect in the other language” (Sarcevic, 1989: 286-297).

But, beyond the measure of these skills, the most important general characteristic of

any legal translation is that a large part of the SL (source language) is culture-

specific, as every society has its own legal system. In such translation, the main

difficulty encountered by the translator is overcoming conceptual differences among

languages; the translator has to render concepts into the TL (target language) which

differ from those familiar to its society not just in minor denotation or connotations,

64

but primarily for institutional reasons. There are many examples of culture-specific

terms such as, in Arabic, “ةバヘゼャا ペェ” Hq ashwf3ah (when a property such as a land or a

house is to be sold in the market, the immediate neighbour to that property shall have

a priority right over others to purchase it), and “هاتらゼャاよ دودエャدرء ا” dr?alhwdwd

byashwbwhat. These Islamic-specific legal terms may or may not find their

equivalents in the TL. However, for the latter example “هاتらゼャاよ دودエャدرء ا”, there

might be an equivalent in legal English, e.g., “the benefit of doubt”, which is

functionally used sometimes to dismiss a case in the court of law.

2.4.2 The context of legal translation in Saudi Arabia

2.4.2.1 Procedures and practices

Within the last four decades, Saudi Arabia has had an increasing demand for legal

translation services as a result of the establishment of various multinational business

organizations in the country. These organizations have had to enter into agreements

and contracts with the Saudi public and private sectors. Such agreements and

contracts drafted in any language other than Arabic must, as necessitated by Saudi

law, be translated into Arabic for different reasons: Firstly, for the purpose of

auditing, and this is applicable to governmental organisations; Secondly, for the

purpose of arbitration or settlement of disputes among private sectors in the local

courts of law, and thirdly, to maintain Arabic as the official language of the country.

Although there is a history of legal translation practice in Saudi Arabia, the practice

still needs systematic study in such booming field. Therefore, this study aims to

explore it and fill the gaps. The empirical part of this thesis will provide answers in

Chapter 3.

65

2.4.2.2 Specific legal translation difficulties in the context of Saudi Arabia

This section summarises difficulties encountered in the field of legal translation in

Saudi Arabia that require further research.

2.4.3 Collaboration between legal translators and legal drafters

The collaboration among legal translators and drafters is practiced in Saudi Arabia,

and appear to be very important in achieving accuracy of translation of legal

documents. However, as this collaboration has not been researched widely, this study

investigates its efficacy.

2.4.4 The prevailing language in translated contracts

2.4.4.1 The prevailing language issue in various international contexts

As seen in many cases of translated commercial contracts, one language version of a

translated commercial contract is selected as the prevailing version, instead of both

versions being accepted as legally valid in a court of law, while in other cases of

legal documents such as marriage contracts, power of attorney, and various

certificates, both SL and TL versions are legally valid. According to Sarcevic (1997:

20), translations of legislation, treaties and conventions, judicial decisions and

contracts are authoritative only if they have been approved and/or adopted in the

manner prescribed by law. In accordance with the theory of original texts, all

authenticated translations are just as inviolate as the original text(s). Hence, they are

not regarded as “mere translations” but as originals, and are not even referred to as

translations. To produce a text that leads to the same results in practice, the translator

must be able “to understand not only what the words mean and what a sentence

66

means, but also what legal effect it is supposed to have, and how to achieve that legal

effect in the other language” (Sarcevic, 1989: 286-297 and 1997: 71-72).

Furthermore, Sarcevic (2000) states:

Today, all the authenticated texts of a legal instrument are usually equally

authentic. This means that each authentic text is deemed independent for the

purpose of interpretation by the courts and that no single text (not even the

original) should prevail in the event of an ambiguity or textual diversity

between the various language versions.

However, this is not always the case in all countries in different situations.

2.4.4.2 The prevailing language issue in Saudi Arabia

This issue is explored through the empirical part of this thesis, which was conducted

in Saudi Arabia.

2.5 Conclusion

This Chapter has shed some light on the literature of the written forms of legal

language. It has reviewed theoretical and practical studies based on their

contributions to this field. Both English and Arabic legal languages were investigated

according to different points of departure; first, for English legal language, the point

of departure was based on civil as well as on common laws from which legal English

language is derived; second, for Arabic legal language, the point of departure was

based on Islamic Sharia law. This Chapter has provided a brief outline of the

developments in legal language throughout the years, as well as on the plain legal

English legal writing movement and legal drafting.

67

The chapter has provided a broad contrastive analysis of differences and similarities

between English and Arabic legal texts in general and contracts and agreements in

particular, in terms of syntactic, semantic and stylistic features. It has also shed a

light on the influence of English legal texts on Arabic legal texts and vice-versa,

though it is noted there is a lack of literature regarding the influence of Arabic on

English legal texts.

Legal translation was reviewed as an international practice, including some

difficulties encountered by legal translators. There was also a brief discussion of the

context of legal translation in Saudi Arabia. The prevailing language in translated

contracts was briefly tackled as an international issue; however, it is investigated

thoroughly in the next chapter as a local issue in Saudi Arabia, based on an empirical

study.

The next chapter will present the empirical study conducted in Saudi Arabia. The

results will be discussed qualitatively and quantitatively.

2.6 Research questions

The following research question was noted in respect of the first part of this study:

- What are the differences and similarities between the Arabic and English legal texts

in terms of structural and stylistic features?

In respect of the other aspect of this study, the theme of legal translation, the

questions to be answered are:

68

-What are the difficulties involved in translation of legal in general and

culture-bound legal terms in particular?

This covers the selection of appropriate translation procedures by legal translators.

-What are the effects of collaboration between legal drafters and legal

translators on the outcome of legal translation?

This question also sheds some light on the various stages of contract translation, i.e.,

from drafting to acceptance of the translation as legally valid.

-As seen in many cases of translated commercial contracts, one language

version of these contracts is selected to be the prevailing one, while in other

cases of legal documents such as marriage contract, power of attorney, and

various certificates, both SL and TL versions are legally valid. The question

is: How is the prevailing version selected?

2.7 Knowledge gaps

Although legal translation started as a profession more than three decades ago, and is

still a booming and highly demanded profession in Saudi Arabia nowadays, there are

knowledge gaps in this field. There is no literature nor any kind of study related to

the problems and difficulties encountered by legal translators in Saudi Arabia.

Therefore, this study will fill some of these gaps by studying the problems and

difficulties of legal translation.

69

Chapter 3:

Linguistic contrastive analysis

3. Introduction

This chapter presents a contrastive linguistic analysis of various types of Arabic and

English legal texts, with a particular focus on commercial contracts and agreements.

It addresses the following research question:

- What are the differences and similarities between Arabic and English legal

texts, in terms of syntactic, semantic, textual, and stylistic features?

The analysis concentrates on two levels of linguistic realization: first, grammatical

features; second, textualization. The method of analysis involves heuristic

procedures. Hatim and Mason argue that:

It would be desirable to proceed by observation based solely on sound

empirical evidence. But, texts being what they are—an imperfect record of

communicative events—we sometimes find it necessary to settle for what

may be described as heuristic procedures. Interaction makes its own rules, a

process in which entire conceptual systems are involved, including those

which have developed through our own experience with texts. (Hatim and

Mason 1997: 14)

3.1 Level 1: Analysis of syntactic and semantic features

The selected texts are analysed quantitatively and qualitatively by studying the

specific grammatical and semantic features of language that are predominantly used

in various contracts. This is done by undertaking analysis of the frequency of

grammatical properties such as the use of tenses of various verb phrase groups as

70

well as the use of the passive, and the use of modality in both Arabic and English

legal texts.

The material used in this analysis is the FIDIC (Fédération Internationale Des

Ingénieurs-Conseils) contract. It is in the form of a book that contains conditions of

contract for works of civil engineering construction. It has a bilingual layout in

English and Arabic. The reason for selecting this legal instrument is that it has been

used widely as a standard contract by most construction companies in Arab countries

such as Saudi Arabia, Jordan, and Egypt. Its bilingual layout contains general terms

and conditions i.e., there is no mention of personal information, identities, or

financial figures. The Arabic or the English version of this contract is widely used as

the only language contract i.e., it is not necessarily used as a translated contract. The

analysis starts with the English version, followed by the Arabic.

71

3.1.1 Results and Discussion of the English Version

The following is the analysis of grammatical and semantic features of the English

version of the FIDIC contract. The results are illustrated in the table below.

Verb Phrase Groups Structure Example

Active + future simple

the contractor shall enter

into an agreement

Active + present perfect

until the contractor has

executed the works

Simple verb (tense +

aspect)

Passive + present perfect whose tender has been

accepted by the Employer

Active + to-infinitive

other things intended to

form or forming part of the

permanent works

Infinitive

Passive + to-infinitive In consideration of the

payment to be made by the

Employer

Perfect participle

“Subcontractor” means

any person named in

the Contract

Participles

Adverb + perfect

participle

“ Section” means a part of

the works specifically

identified in the Contract

72

Shall + active + infinitive

The Contractor shall take

full responsibility

Shall + negative + active +

infinitive

The Contractor shall not

assign the contract

Shall + be + adjective +

infinitive

The Contractor shall be

responsible for

Shall + negative + be +

adjective + infinitive

The Contractor shall not

be responsible for

Shall + active + present

perfect

The Employer shall have

made available to the

Contractor

Shall + passive +

infinitive


bound by the same

Shall + negative + passive

+ infinitive

The headings shall not be

deemed part thereof

May + active + infinitive

the Employer may effect

any such insurances

Complex: Modals

May + passive + infinitive

or as may be otherwise

agreed

Table 3.1.1a

73

As seen in the underlined examples above, the English language version in this

contract tends to use certain verb phrase groups such as simple verb (tense + aspect),

infinitives, participles, and various complex groups of modals. The following

examples from the FIDIC contract shown in Table 3.1.1b below confirm that the

grammatical features of the English legal language of most contracts fall within these

main verb phrase groups.

Example Verb phrase group

1. except as stated hereunder perfect participle + adv

2. The Engineer shall have authority modal + active +infinitive

3. to be made by the Contractor passive + to + infinitive

4. The Contractor shall be bound by the same modal + passive + infinitive

5. the following words and expressions shall have the

meanings

modal+ active + infinitive

6. apparatus and the like to form part active + to-infinitive

7. to be incurred passive + to-infinitive

8. to act as an engineer for the purposes of the

Contract

active + to-infinitive

9. the permanent works to be executed passive+ to-infinitive

10. the Contractor shall not be responsible modal + be + adjective + infinitive

11. The Contractor shall enter into active + future simple

12. determination shall be in writing modal + be + infinitive

13. the words shall be construed modal + passive + infinitive

14. The Contractor shall not assign the contract modal + negative + active + infinitive

74

15. The Contractor shall take full responsibility modal + active + infinitive

16. “Subcontractor” means any person present active

17. “Writing” means any present active

18. or addition thereto made under Clause adverb + perfect participle

19. the specification of the works included in the

Contract

perfect participle

20. the words shall be construed modal + passive + infinitive

21. In the Contract (as hereinafter defined) adverb + perfect participle

22. any person named in the Contract perfect participle

23. documents expressly incorporated in the letter of

Acceptance

adverb + perfect participle

24. as stated in the Contract adverb + perfect participle

25. as extended under Clause adverb + perfect participle

26. part of the works specifically identified in the

Contract

adverb + perfect participle

27. other places specifically designated in the Contract adverb + perfect participle

28. the meanings hereby assigned to them adverb + perfect participle

29. the person named as such in part II perfect participle

30. the contract agreement referred to in perfect participle

31. the form of Tender annexed to these Conditions perfect participle

32. a certificate issued pursuant to Clause perfect participle

33. the time calculated from the Commencement Date perfect participle

34. the tests specified in the Contract perfect participle

35. the sum stated in the letter of Acceptance perfect participle

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36. all temporary works required in the execution perfect participle

37. machinery intended to perfect participle

38. all appliances required for the execution perfect participle

39. all expenditure incurred perfect participle

40. any hand written transmission perfect participle

41. The headings shall not be deemed part thereof modal + negative + passive + infinitive

42. or be taken into consideration in the interpretation perfect participle

43. except as stated hereunder adverb + perfect participle

44. or as may be otherwise agreed modal + passive + infinitive

45. the appendix comprised in the form of Tender perfect participle

46. the permanent works to be executed passive + to + infinitive

47. in which the works are to be located passive + to + infinitive

48. Wherever in the Contract a provision is made for

the giving

perfect participle

49. unless otherwise specified perfect participle

50. to be completed at the cost of the Employer passive + to-infinitive

51. the Engineer to issue any drawings active + to-infinitive

52. by the failure of the Contractor to submit Drawings active + to-infinitive

53. “Employer” means the person present active

54. “Contractor “ means the person present active

55. “Subcontractor” means any person present active

56. “Engineer “means the person present active

57. “Engineer’s Representative” means a person present active

58. “Contract” means these Conditions present active

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59. “Specification” means the specification of the

works

present active

60. “Drawings” means all drawings present active

61. “Bill of Quantities” means the present active

62. “Tender” means the Contractor’s offer present active

63. “Letter of Acceptance” means the formal

acceptance

present active

64. “Contract Agreement” means the contract

agreement

present active

65. “Appendix to Tender” means the appendix present active

66. “Commencement Date “ means the date present active

67. “Time for Completion” means the time present active

68. “Tests on Completion” means the tests present active

69. “Taking-Over Certificate” means a certificate present active

70. “Contract price” means the sum present active

71. “Retention Money” means the aggregate of all

monies

present active

72. “Interim payment Certificate” means any

certificate

present active

73. “Final payment Certificate” means the certificate present active

74. “Works” means the permanent works present active

75. “permanent works” means the permanent works present active

76. “Temporary works” means all temporary works present active

77. “Plant” means machinery present active

77

78. “Contractor’s Equipment” means all appliances present active

79. except where the context otherwise requires present active

80. the date upon which the Contractor receives the

notice

present active

81. but does not include plant present active

82. but does not include all present active

83. Words also include the plural present active

84. where the context requires present active

85. the Engineer shall take such failure into account modal + active + infinitive

86. The Contractor shall carry out and be bound by the

same

modal + active +Infinitive + conj. + passive

infinitive

87. The Contractor shall enter into active + future simple

88. The Contractor shall execute modal + active + infinitive

89. he shall obtain such security modal + active + infinitive

90. Such security shall be in such form modal + active + preposition + infinitive

91. whose tender has been accepted by the Employer passive + present perfect

92. whom a part of the works has been subcontracted passive + present perfect

93. The Contractor shall design modal + active + infinitive

94. The Contractor shall provide all superintendence modal + active + infinitive

95. The Contractor shall give prompt notice modal + active + infinitive

96. Where the Contract expressly provides Present active

97. until the Contractor has executed the works active + present perfect

98. No claim shall be made against such security modal + passive + infinitive

99. such security shall be returned to the Contractor modal + passive + infinitive

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100. the Employer shall notify the Contractor modal + active + infinitive

101. The Employer shall have made available to the

Contractor

modal + active + present perfect

102. The Contractor shall be deemed to have

inspected the Site

modal + passive + to + present perfect

103. The Contractor shall be deemed to have based

his Tender on the data


104. The Contractor shall be deemed to have

satisfied himself


105. all of which shall cover all his obligations modal + active + infinitive

106. If the contractor encounters physical

obstructions

present active

107. The Contractor shall comply with and adhere to

the Engineer’s instructions

modal + active + infinitive

108. The Contractor shall take instructions modal + active + infinitive

109. which the Contractor proposes to present active

110. the Contractor shall produce a program modal + active + infinitive

111. The Contractor shall provide to the Engineer modal + active + infinitive

112. within the time stated in part II of these

Conditions

perfect participle

113. all payments to which the Contractor will be

entitled under

modal + passive + infinitive

114. The Contractor shall give his whole time modal + active + infinitive

115. Such representative shall receive instructions

from


79

116. The Engineer shall be at liberty to object to modal + be + preposition + infinitive

117. such person shall not be allowed upon the

works

modal + negative + passive + infinitive

118. The Contractor shall be responsible for modal + be + adjective + infinitive

119. If any error appears in Present active

120. the Contractor shall rectify such error modal + active + infinitive

121. the Engineer shall determine an addition to the

Contract price


122. If the Engineer requires the Contractor present active

123. such requirement shall be the subject of an

instruction

modal+ be + adjective + infinitive

124. If the Employer shall carry out work on the Site modal + active + infinitive

125. If the Employer shall employ other contractors

on the site


126. he shall require them to modal + active + infinitive

127. if the Engineer issues a Taking-Over Certificate present active

128. the Contractor shall cease to be liable for modal + active + infinitive

129. If any loss happens to the works present active

130. other than the risks defined in Sub-Clause perfect participle

131. The Contractor shall also be liable for modal + be + adjective + infinitive

132. The Employer’s risks are: present active

133. The Contractor shall insure modal + active + infinitive

134. Any amounts shall be borne by the Employer modal + passive + infinitive

135. The Contractor shall indemnify the Employer modal + active + infinitive

80

136. Which may arise out of the execution modal + active + infinitive

137. The exceptions referred to in Sub-Clause 22.1

are:

Perfect participle

138. Such insurance shall be for the amount modal + be + preposition + infinitive

139. The insurance policy shall include modal + active + infinitive

140. the insurance shall apply to the Contractor modal + active + infinitive

141. The Employer shall not be liable for modal + negative + be + adjective + infinitive

142. The Contractor shall insure against such

liability


143. The Contractor shall notify the insurers modal + active + infinitive

144. If the Contractor fails to present active

145. the Employer may effect any such insurances modal + active + infinitive

146. In the event that the Contractor fails to present active

147. each shall indemnify the other against modal + active + infinitive

148. The Contractor shall take reasonable

precautions


149. The Contractor shall save harmless the

Employer


150. the Contractor shall pay all tonnage modal + active + infinitive

151. The Contractor shall use every reasonable

means


152. the Contractor shall be responsible for modal + be + adjective + infinitive

153. If any damage occurs to any bridge present active

154. the Employer shall negotiate the settlement modal + active + infinitive

81

155. the Employer shall notify the Contractor modal + active + infinitive

156. where the nature of the works is present active

157. the foregoing provisions shall be construed as modal + passive + infinitive

158. the contractor shall afford all opportunities modal + active + infinitive

159. The Engineer shall determine an addition modal + active + infinitive

160. the Contractor shall keep the Site free modal + active + infinitive

161. the Contractor shall clear away modal + active + infinitive

162. The Contractor shall make his own

arrangements


163. unless otherwise provided in the Contract perfect participle

164. The Contractor shall deliver to modal + active + infinitive

165. in such form as the Engineer may prescribe modal + active + infinitive

166. of the respective kinds described in perfect participle

167. such tests as the Engineer may require modal + active + infinitive

168. The Contractor shall provide assistance modal + active + infinitive

169. All samples shall be supplied by the Contractor modal + passive + infinitive

170. The cost of making any test shall be borne by

the Contractor

modal + passive + infinitive

171. The Engineer shall have access to the Site modal + active + infinitive

172. the Contractor shall afford every facility modal + active + infinitive

Table 3.1.1b

82

3.1.2 Results and Discussion of the Arabic Version

The following is the analysis of grammatical and semantic features of the Arabic

version of the FIDIC contract.2 The results are illustrated in the underlined examples

in Table 3.1.2a and Table 3.1.2a below. The English translations are taken from the

same material.

Verb Phrase Groups Grammatical

Structure

Arabic Example and

English translation

Active simple present +

noun phrase

ゎأカذ اャكヨヤات واエヤトダヨャات اわャاΒャة

ヶルاバヨャا

= The following words

and expressions shall have

the meanings

Conjunction + active

simple past

وإذا ゾル اボバャد タراェة

= Where the Contract

expressly provides

Simple verb (tense +

aspect)

Active simple past +

prepositional phrase

ィزء リョ اヨハΕال ヮダカ اボバャد

ブタوよ

= part of the works

specifically identified in

the Contract

83

Passive simple past +

verbal noun

ユゎ اバわャاホد リョヮバョ اらャاィリハリデزء

リョ اヨハΕال

= to whom a part of the

works has been

subcontracted

Noun + perfect participle

+ anaphoric prepositional

phrase

اヒヤらヨャ اヨャذآور トカヶプاب اらボャول

= The sum stated in the

letter of Acceptance.

Participles

Prepositional phrase +

perfect participle +

cataphoric prepositional

phrase

よاレんわシاء ョا هو ダレョوص ヨΒプヮΒヤハا

ヶヤΑ

= Except as stated

hereunder.

Table 3.1.2a

Modality in Arabic is not illustrated in the table above, because it is not exclusively

coded through verbs in Arabic. There are various structures that express modality in

Arabic; these are shown in the underlined examples in Table 3.1.2b below.

84

Verb Phrase

Groups

Arabic

Example

Grammatical

Structure

Semantic

Description

ヤハى اボヨャاول أن わヤΑزم よها Preposition + noun

phrase + “יan” +

verb phrase

Obligation = The

contractor shall be

bound by it.

ヤハリΒバわΑى رب اモヨバャ أن

ダゎろエゎノツΑرف

اボヨャاول

Simple present

active + preposition

an” + verbי“ +

phrase

Strong obligation

with extra focus on

the actor = Only

the employer shall

be obliged….

ヨヤャهレدس トヤシة إタدار

اヨΒヤバわャات リョ وろホ إャى

カへر

Preposition +noun

phrase + noun

phrase

Certainty of

possession = The

engineer shall have

authority….

Modality

リョ Present passive +

noun phrase

ボゎدم اレΒバャات

اボヨャاول

Obligation = All

samples shall be

supplied by the

Contractor.

85

モんヨャウヨジΑ リャ هذا

ヶプ دィواわャاよゾガゼャا

لاヨハΕا

Negative + present

passive + noun

phrase

Obligation = Such

person shall not be

allowed upon the

works.

ヨΑكリ إハادة デرح ، أو

モΑدバゎ ة ، أوバィراョ

Simple present

active + noun

phrase

Possibility =

…may be opened

up , reviewed or

revised

イゎ Ιوز اトヨャاらャة よهذا Negative + simple

present active +

noun phrase

اヨツャان

Not permissible =

No claim shall be

made against such

security

ろホأي و ヶプ هاらエシ وزイΑ Simple present

active + verbal

noun +

prepositional

phrase

Permissible = . . .

may at any time be

withdrawn

Table 3.1.2b

The following Table 3.1.2c illustrates the Arabic legal clauses that begin with

prepositions. Most of these examples express modality. The high frequency of modal

preposition use, as shown in Table 3.1.2c, indicates that Arabic tends to use a modal

preposition strategy rather than a modal verb strategy. Furthermore, statistically

speaking, the frequency of using the modal preposition “ىヤハ” at the beginning of a

86

clause to express obligation throughout the contract is used about 110 times,

compared to the use of modal verbs such as 19 uses of “ょイΑ”, 15 of “リΒバわΑ”, and 12 of

.”わヤΑزم“

The underlined examples indicate the first part of the clause. The English translations

are taken from the same material, which is the FIDIC contract.

Arabic Example Structure and English Translation

ヶヤΑ اヨΒプヮΒヤハ وصダレョ ا هوョ اءレんわシاよ Prepositional phrase + perfect participle +

cataphoric prepositional phrase = Except as

stated hereunder.

ヨヤャهレدس トヤシة إタدار اヨΒヤバわャات Modal preposition + noun phrase + noun

phrase = The engineer shall have authority….

ヤハى اボヨャاول أن わヤΑزم よها Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall be bound

by the same

ヤハى اボヨャاول أن Αواヤハペプى Modal preposition + noun phrase + “יan” +

verb phrase = The contractor shall agree to

ヤハى اボヨャاول أن わヤΑزم よها وヘレΑذها Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall carry out

and be bound by the same

ノホوΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall execute

ヮΒヤバプ أن ヤハモダエΑى هذا اヨツャان Conjunction + modal anaphoric prepositional

phrase + “יan” +verb phrase = he shall obtain

87

such security

ユヨダΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall design

ヤハى اボヨャاول أن Αوプر اセΗراف Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall provide all

superintendence

ヤハى اボヨャاول أن Αوヮィ إトカاراً プورΑاً Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall give

prompt notice

ヤハى رب اモヨバャ أن トガΑر اボヨャاول Modal preposition + noun phrase + “יan” +

verb phrase = The Employer shall notify the

Contractor

ヤハى اボヨャاول أن ヨΒヤバわャモんわヨΑات اヨャهレدس Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall comply

with the Engineer’s instructions

ヤハى اボヨャاول أن ボΑدم よرルاイョا Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall produce a

program

ヤハى اボヨャاول أن ボΑدم إャى اヨャهレدس Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall provide to

the Engineer

ヮわホو モكرس آΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall give his

whole time

ヤハى اボヨャاول أن ウヤダΑ هذا اトガャأ Modal preposition + noun phrase + “יan” +

88

verb phrase = The Contractor shall rectify such

error

ヮΒヤハ أن ヤΑزョهよユذات اヨャراハاة Modal anaphoric prepositional phrase + “יan”

+ verb phrase = he shall require them to

ヤハى اボヨャاول أن らΑرم ゎأレΒョا Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall insure

モヨバャوض رب اバΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall indemnify

the Employer

ヤハى اボヨャاول أن Αؤッリョد هذロ اゃジヨャوΒャة Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall insure

against such liability

ユهΑدャリョؤヨャر اトガΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall notify the

insurers

ヤハى اボヨャاول أن ヶボΑ رب اリョモヨバャ اッΕرار Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall save

harmless the Employer

リトャاよ ةャوヨエャى اヤハ ومシرャا ノプدΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall pay all

tonnage

ヤハى رب اモヨバャ أن トガΑر اボヨャاول Modal preposition + noun phrase + “יan” +

verb phrase = The Employer shall notify the

Contractor

ヤハى اボヨャاول أن ウΒわΑ آモ اヘャرص Modal preposition + noun phrase + “יan” +

89

verb phrase = The contractor shall afford all

opportunities

ヤハى اヨャهレدس أن ボΑرر ョا ツΑاف Modal preposition + noun phrase + “יan” +

verb phrase = The Engineer shall determine an

addition

ヤハى اボヨャاول أن よナヘわエΑاヨャوカノホاΒャا Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall keep the

Site free

ヶヤガΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall clear away

ヮゎاらΒゎرゎ ذガわΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall make his

own arrangements

ユヤジΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall deliver to

ヤハى اボヨャاول أن ボΑدم اジヨャاハدة Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall provide

assistance

ヤハى اボヨャاول ボゎدユΑ آモ اジわャهΚΒت Modal preposition + noun phrase + “יan” +

verb phrase = The Contractor shall afford

every facility

Table 3.1.2c

As seen in the underlined examples in Table 3.1.2a, Table 3.1.2b, Table 3.1.2c

above, the Arabic language version in this contract tends to use certain verb phrase

90

groups such as simple verb (tense + aspect), participles, and various complex groups

of modals. The following examples from the FIDIC contract shown in Table 3.1.2d

below, confirm that the grammatical features of the Arabic legal language of most

contracts fall within these main verb phrase groups.

Example Verb phrase group

ヶヤΑ اヨΒプヮΒヤハ وصダレョ ا هوョ اءレんわシاよ Prepositional phrase + perfect participle

+ cataphoric prepositional phrase

ヨヤャهレدس トヤシة Modal preposition + noun phrase

ヤハى اボヨャاول أن わヤΑزم よها Modal preposition + noun phrase + “יan”

+ verb phrase

واエヤトダヨャات اわャاΒャة اバヨャاゎヶルأカذ اャكヨヤات Active simple present + noun phrase

⊥Α Ιاولボヨャأل اジリハ Negative + present passive + noun

phrase

ヤハى اボヨャاول أن Αواヤハペプى Modal preposition + noun phrase + “יan”

+ verb phrase

ょイΑ أن Αكون اボャرار ョكわوよاً Modal present active + “יan” + verb

phrase

an” + verbי“ + ょイΑ Modal present active أن ゎؤول اャكヨヤات

phrase

イΑ Ιوز ボヨヤャاول إن エΑول اボバャد Negative + Modal present active +noun

phrase + “יan” + verb phrase

モヨエわΑ اボヨャاول اゃジヨャوΒャة اャكاヤョة Active simple present + noun phrase

ゾガセ أي ヮよ دダボΑ Present passive + noun phrase

أィرヨよろΑوょィ اレらャد Past passive + noun phrase

91

آヨا ورد バゎرヨΒプヮヘΑا バよد Preposition + Simple past + verbal noun

أي レわジョدات أカرى أタろボエャراェة トガよاب اらボャول Noun phrase + past passive

آヨا اわョد ヨよوょィ اレらャد Preposition + Simple past +

Prepositional phrase

أョاآリ أカرى ダカها اボバャد よاャذآر Noun phrase + simple past + anaphoric

Noun phrase

اバヨャاヶル اダダガヨャة ャها ヶプ هذا اボバャد Noun + perfect participle

+ anaphoric prepositional phrase

んャاヶルاゾガゼャ اヨジヨャى よذャك ヶプ اイャزء ا Noun + perfect participle


ヶプ هاΒャار إゼヨャد اボバャة اΒホاヘゎا Noun phrase + perfect participle


ヨルوذج اトバャاء اヨャرよペプهذロ اゼャروط Noun phrase + perfect participle


اらわカΙارات اエヨャددة ヶプ اボバャد Noun + perfect participle + prepositional

phrase

اヒヤらヨャ اヨャذآور トカヶプاب اらボャول Noun + perfect participle + prepositional

phrase

آモ اヨハΕال اヨャؤわホة اヤトヨャوよة Βヘレゎヶプذ Noun phrase + perfect participle

+ prepositional phrase

اヨャاآレΒات اΑ ヶわャراد よها Noun phrase + present passive +


ノΒヨィ اィΕهزة اヤトヨャوよة Βヘレわャذ Noun phrase + perfect participle

+ prepositional phrase

ろプرタヶわャات اボヘレャا モآ Noun phrase + past passive

92

اً レョهاバゎ Ιد اレバャاوリΑ اャرΒジΒもة ィزء Negative + present passive + noun

phrase

わバΑ Ιد よها Βジヘゎヶプر Negative + present passive +


اペエヤヨャ اャذي ヨルヮΒヤハモヨわゼΑوذج اトバャاء Noun phrase + present active +


اヨハΕال اャداヨもة اΒヘレゎリΒバわΑ ヶわャذها Noun phrase + present active + verbal

noun

اヤらャد اャذي ゎوィد ヮΒプ اヨハΕال Noun phrase + present active +


ゾガゼャا ヮよ دダボΑو モヨバャرب ا Noun phrase + present passive +


ゾガゼャا ヮよ دダボΑاول وボヨャا Noun + present passive + prepositional

phrase

ゾガセ أي ヮよ دダボΑو リデاらャا リョ اولボヨャا Noun phrase + present passive +


ゾガゼャا ヮよ دダボΑدس وレهヨャا Noun + present passive + prepositional

phrase

ゾガセヮよ دダボΑدس وレهヨャا モんヨョ Noun phrase + present passive +


ボバャد وダボΑد ヮよ هذロ اゼャروط ا Noun + present passive + prepositional

phrase

اヨャواヘタات وダボΑد よها ョواヘタات اヨハΕال Noun + present passive + prepositional

phrase

اャرシوョات وダボΑد よها آモ اャرシوョات Noun + present passive + prepositional

93

phrase

よ دダボΑات وΒヨكャة اヨもاホها Noun phrase + present passive +


اトバャاءوダボΑد ハヮよرض اボヨャاول Noun + present passive + prepositional

phrase

ヶヨシرャول اらボャا ヮよ دダボΑول وらボャاب اトカ Noun phrase + present passive +


ャة اΒホاヘゎها اよ دダボΑد وボバャة اΒホاヘゎد اボバ Noun phrase + present passive +


ペエヤヨャا ヮよ دダボΑاءوトバャا ペエヤョ Noun phrase + present passive +


オΑارわャا ヮよ دダボΑدءوらャا オΑارゎ Noun phrase + present passive +


ろホوャا ヮよ دダボΑام وヨゎΗا ろホو Noun phrase + present passive +


اらわカΙارات レハد اヨゎΗام وダボΑد よها اらわカΙارات Noun phrase + present passive +


セهادة اユヤジわャ وダボΑد よها اゼャهادة Noun phrase + present passive +


+ Noun phrase + present passive اヨΒホヒヤらヨャة اボバャد وダボΑد よها


ヒャاらヨャوع اヨイョ هاよ دダボΑزة وイわエヨャا ヒャاらヨャا Noun phrase + present passive +


セهادة دノプ وΒわホة وダボΑد よها セهادة Noun phrase + present passive +


94

ノプهادة دセهادةセ هاよ دダボΑة وΒもهاル Noun phrase + present passive +


اヨハΕال وダボΑد よها اヨハΕال اャداヨもة Noun + present passive + prepositional

phrase

اヨハΕال اャداヨもة وダボΑد よها اヨハΕال اャداヨもة Noun phrase + present passive +


اヨハΕال اヨャؤわホة وダボΑد よها آモ اヨハΕال اヨャؤわホة Noun phrase + present passive +


اΙΓت وダボΑد よها اヨャاآレΒات Noun phrase + present passive +


バョدات اボヨャاول وダボΑد よها ノΒヨィ اィΕهزة Noun phrase + present passive +


اわャارオΑ اャذي ヮΒプユヤジわΑ اボヨャاول اトカΕار Noun phrase + present active +


ダレゎرف اャكヨヤات إャى اノヨイャ أツΑا Simple present active + Noun phrase

ブヤガゎ ارらわハΙا ヶプ ذカأΑ دس أنレهヨャى اヤバプ Conjunction + modal preposition + noun

an” + verb phraseי“ +

ヤハى اボヨャاول أن わヤΑزم よها وヘレΑذها Modal preposition + noun + “יan” + verb

phrase

ヤハى اボヨャاول أن Αواヤハペプى Modal preposition +noun + “יan” + verb

phrase

ノホوΑ اول أنボヨャى اヤハ Modal preposition + noun + “יan” + verb

phrase

ヤハモダエΑ Conjunction + modal anaphoricى هذا اヨツャانヮΒヤバプ أن

prepositional phrase + “יan” + verb

95

phrase

ガわΑذ هذا اヨツャان اゼャكモ اャذي Simple present active + Noun phrase

ユヨダΑ اول أنボヨャى اヤハ Modal preposition + noun + “יan” + verb

phrase

ヤハى اボヨャاول أن Αوプر اセΗراف Modal preposition + noun + “יan” + verb

phrase

ヤハى اボヨャاول أن Αوヮィ إトカاراً プورΑاً Modal preposition + noun + “יan” + verb

phrase

وإذا ゾル اボバャد タراェة Conjunction + simple past + noun phrase

わェى ボΑوم اボヨャاول Βヘレわよذ اヨハΕال Preposition + Simple present active +

noun phrase

イゎ Ιوز اトヨャاらャة よهذا اヨツャان Negative + Modal present active + noun

phrase

Αرد هذا اヨツャان إャى اボヨャاول Present passive + noun phrase

ヤハى رب اモヨバャ أن トガΑر اボヨャاول Modal preposition + noun phrase + “יan”

+ verb phrase

ボヨャر أن اらわバΑノホوヨャا リΑاハ دホ اول Present passive + “יan” +noun phrase

らわバΑر أن اボヨャاول ホد ホدم トハاءヤハロى أシاس اΒらャاルات

ヶわャا

Present passive + “יan” +noun phrase

ノレホ دホ اولボヨャر أن اらわバΑ Present passive + “יan” +noun phrase

わΑ دس وأنレهヨャات اヨΒヤバわャモんわヨΑ اول أنボヨャى اヤハهاバら Modal preposition + noun phrase + “יan”

+ verb phrase

ヮゎاヨΒヤバゎ اولボヨャى اボヤわΑ Simple present active + noun phrase

ヤハى اボヨャاول أن ボΑدم よرルاイョا Modal preposition + noun phrase + “יan”

+ verb phrase

96

ヤハى اボヨャاول أن ボわΑدم إャى اヨャهレدس Modal preposition + noun phrase + “יan”

+ verb phrase

ヮわホو モكرس آΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan”

+ verb phrase

バΑد اヨャهレدس ェراً ヶプ أن わバΑرض ヤハى Present passive + noun phrase

モんヨャウヨジΑ リャ هذا اよゾガゼャاわャواィد ヶプ اヨハΕال Negative + Present passive +


Table 3.1.2d

3.1.3 A comparison of structural and stylistic features of Arabic and English

language of contract

This section sheds some light on the differences and similarities between Arabic and

English language of contract, in terms of structural and stylistic features with special

reference to translation. It covers the use of modality, participles, and simple verb

(tense + aspect).

3.1.3.1 The use of modals

In the examples in Table 3.1.3.1a below, where the “agent” or the “subject” is

required to perform a certain duty or “obligation”, the modal element is retained in

most cases in Arabic. Grammatically speaking, with some exceptions, it appears that

when the English modal is followed by a present active form of the main verb, the

Arabic retains the modal element.

97

English and Arabic Examples Structure of English and Arabic

1. The Contractor shall clear away Shall + present active + infinitive

ヶヤガΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan”

+ verb phrase

2. The Contractor shall deliver to

ユヤジΑ

Shall + present active + infinitive

ヤハى اボヨャاول أن Modal preposition + noun phrase + “יan”

+ verb phrase

3. The Contractor shall design

ユヨダΑ



+ verb phrase

4. The Contractor shall enter into Shall + present active + infinitive

ヤハى اボヨャاول أن Αواヤハペプى Modal preposition + noun phrase + “יan”

+ verb phrase

5. The Contractor shall execute

ノホوΑ



+ verb phrase

6. The Contractor shall give his whole

time

ヮわホ


ヤハى اボヨャاول أن Αكرس آモ و

Modal preposition + noun phrase + “יan”

+ verb phrase

The Contractor shall give prompt notice Shall + present active + infinitive

ヤハى اボヨャاول أن Αوヮィ إトカاراً プورΑاً Modal preposition + noun phrase + “יan”

+ verb phrase

7. The Contractor shall indemnify the

Employer


モヨバャوض رب اバΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan”

98

+ verb phrase

8. The Contractor shall insure

ゎأレΒョا


ヤハى اボヨャاول أن らΑرم Modal preposition + noun phrase + “יan”

+ verb phrase

9. The Contractor shall insure against

such liability


ヤハى اボヨャاول أن Αؤッリョد هذロ اゃジヨャوΒャة Modal preposition + noun phrase + “יan”

+ verb phrase

10. The Contractor shall keep the Site

free

よナヘわエΑاヨャوカノホاΒャا


ヤハى اボヨャاول أن


+ verb phrase

11. The Contractor shall make his own

arrangements

ヮゎاらΒゎرゎ ذガわΑ


ヤハى اボヨャاول أن


+ verb phrase

12. The Contractor shall notify the

insurers


ユهΑدャリョؤヨャر اトガΑ اول أنボヨャى اヤハ


+ verb phrase

13. The Contractor shall pay all tonnage Shall + present active + infinitive

リトャاよ ةャوヨエャى اヤハ ومシرャا ノプدΑ اول أنボヨャى اヤハ Modal preposition + noun phrase + “יan”

+ verb phrase

14. The Contractor shall produce a

program

よرルاイョا


ヤハى اボヨャاول أن ボΑدم


+ verb phrase

15. The Contractor shall provide all

superintendence



99

ヤハى اボヨャاول أن Αوプر اセΗراف + verb phrase

16. The Contractor shall provide

assistance


ヤハى اボヨャاول أن ボΑدم اジヨャاハدة


+ verb phrase

17. The Contractor shall provide to the

Engineer


ヤハى اボヨャاول أن ボわΑدم إャى اヨャهレدس Modal preposition + noun phrase + “יan”

+ verb phrase

18. The Contractor shall rectify such

error

トガャأ


ヤハى اボヨャاول أن ウヤダΑ هذا ا


+ verb phrase

19. The Contractor shall save harmless

the employer


ヤハى اボヨャاول أن ヶボΑ رب اリョモヨバャ اッΕرار Modal preposition + noun + “יan” + verb

phrase

20. He shall obtain such security Shall + present active + infinitive

ヮΒヤバプ أن ヤハモダエΑى هذا اヨツャان Conjunction + modal anaphoric

prepositional phrase + “יan” + verb

phrase

21. He shall require them to Shall + present active + infinitive

ヮΒヤハ أن ヤΑزョهよユذات اヨャراハاة Modal anaphoric prepositional phrase +

an” + verb phraseי“

22. The Contractor shall afford every

facility


ヤハى اボヨャاول ボゎدユΑ آモ اジわャهΚΒت

Modal preposition + noun + verbal noun

100

23. The Contractor shall take reasonable

precautions


ヤハى اボヨャاول أن ガわΑذ اΒわェΙاデات اボバヨャوャة Modal preposition + noun + “יan” + verb

phrase

24. The Employer may effect any such

insurances


リΒョأわャود اボハリョ اΑرم أらΑ أن モヨバャرب اヤプ Conjunction + modal prepositional

phrase + “יan” + verb phrase

25. The Employer shall notify the

Contractor


ヤハى رب اモヨバャ أن トガΑر اボヨャاول Modal preposition + noun phrase + “יan”

+ verb phrase

Table 3.1.3.1a

The exceptions to the above, when Arabic does not use a modal element, are

illustrated in Table 3.1.3.1b below.

These examples are in contrast to the English use of modal, which is followed by a

present active form of the main verb, as shown in Table 3.1.3.1a.


26. Such representative shall receive

instructions from

modal + present active

リョ اتヨΒヤバわャا モんヨヨャى هذا اボヤわΑ present active

27. The Contractor shall cease to be modal + present active

101

liable for

リハ اولボヨャة اΒャوゃジョヶهわレゎ present active

28. The Contractor shall take full

responsibility

ゃジヨャو


Βャة اャكاヤョةモヨエわΑ اボヨャاول ا present active

29. The Contractor shall take instructions

ヮゎاヨΒヤバゎ


ボヤわΑى اボヨャاول present active

30. The Contractor shall use every

reasonable means

ボバヨوャة


ャا モもاシوャا モاول آボヨャدم اガわジΑ present active

31. The Employer shall negotiate the

settlement

ジゎوΑة


ヘわΑاوض رب اセヶプモヨバャأن present active

32.The following words and expressions

shall have the meanings


ヶルاバヨャة اΒャاわャات اエヤトダヨャات واヨヤكャذ اカأゎ present active

33. The Engineer shall determine an

addition to the Contract price


ボΑرر اヨャهレدس ョا ツΑاف إャى ヨΒホة اボバャد present active

Table 3.1.3.1b

In addition to these exceptions, Arabic legal language also does not use the modal

element in different cases such as the following:

a. When the English modal is followed by a future passive form of the main verb

or future passive + present perfect, as shown in Table 3.1.3.1c below.

102


1. All samples shall be supplied by the

Contractor

modal + future passive

ボゎدم اレΒバャات リョ اボヨャاول present passive

2. Such person shall not be allowed upon

the works


モんヨャウヨジΑ リャ هذا اよゾガゼャاわャواィد ヶプ اヨハΕال present passive

3. The foregoing provisions shall be

construed as

ヨاジヘゎر


present passive اェΕكام اジャاボよة آ

4. Such security shall be returned to the

Contractor


Αرد هذا اヨツャان إャى اボヨャاول present passive

5. The Contractor shall be deemed to

have based his Tender on the data

modal + future passive + present perfect

らわバΑر أن اボヨャاول ホد ホدم トハاءヤハロى أシاس اΒらャاルات present passive


have inspected the Site

ノホوヨャ


らわバΑر أن اボヨャاول ホد ハاリΑ ا present passive

7. Any amounts shall be borne by the

Employer

ヒャاらョ


モヨエわΑ رب اモヨバャ أΑة

present active

8. The cost of making any test shall be modal + future passive

103

borne by the Contractor

モヨエわΑ اボヨャاول ゎكヘヤة إィراء اらわカΙارات present active


have satisfied himself

ノレホ دホ


らわバΑر أن اボヨャاول present passive

Table 3.1.3.1c

b. When the English modal is followed by the verb “be” + adjective, as in the

examples shown in Table 3.1.3.1d below.


10. The Contractor shall also be liable for

リハ

modal + be + adjective

وジΑأل اボヨャاول آذャك present passive

11. The Contractor shall be responsible

for


ャأل اジΑヶゎΓا リハ اولボヨ

present passive

12. The Contractor shall be responsible

for

リハ Ιوゃジョ


らわバΑر اボヨャاول

present passive

13. The Employer shall not be liable for

リハ


モヨバャأل رب اジΑ Ι present passive

Table 3.1.3.1d

c. When the English modal is followed by the verb “be” + prepositional phrase,

as in the examples shown in Table 3.1.3.1e below.

104


14. Such insurance shall be for the

amount

ヒヤらヨよ

modal + be + prepositional phrase

リΒョأわャرم هذا اらΑ

present passive

15. Such security shall be in such form modal + be + prepositional phrase

ガわΑذ هذا اヨツャان اゼャكモ اャذي present active

16. The Engineer shall be at liberty to

object to

ェ

modal + be prepositional phrase

راً ヶプ أن わバΑرض ヤハىバΑد اヨャهレدس present passive

Table 3.1.3.1e

The examples shown in Table 3.1.3.1b, Table 3.1.3.1c, Table 3.1.3.1d, and Table

3.1.3.1e above indicate that there are cases of deviation from the norms of using

modality elements in the Arabic legal language of contracts. In these cases, Arabic

uses active and passive forms of the present tense for various verbs, depending on

the level of obligation embedded in the sentence.

3.1.3.2 The use of perfect participles

In most cases, the Arabic perfect participles coincide with their English counterparts,

but there are some exceptions. These coincidences are shown in the underlined

examples in Table 3.1.3.2a below.


1. The time calculated from the perfect participle

105

Commencement Date

اャوジエョろホوよا ゎリョارオΑ اらャدء perfect participle

2. All appliances required for the

execution

Βヘレわャذ

perfect participle

ノΒヨィ اィΕهزة اヤトヨャوよة

perfect participle

perfect participle 3. All monies retained by the Employer

モヨバャة رب اプرバヨよ زةイわエヨャا ヒャاらヨャوع اヨイョ perfect participle

4. All temporary works required in the

execution

Βヘレゎヶプذ

perfect participle

آモ اヨハΕال اヨャؤわホة اヤトヨャوよة perfect participle

5. Except as stated hereunder

ヶヤΑ اヨΒプヮΒヤハ

perfect participle

よاレんわシاء ョا هو ダレョوص perfect participle

6. Other than the risks defined in Sub-

Clause

perfect participle

ヶハرヘャد اレらャا ヶプ ةプرバヨャار اトカΕف اΚガよ perfect participle

7. The contract agreement referred to in

ヶプ

perfect participle

اヘゎاΒホة اボバャد اゼヨャار إΒャها perfect participle

8.The form of Tender annexed to these

Conditions

perfect participle

ヨルوذج اトバャاء اヨャرよペプهذロ اゼャروط perfect participle

9. The meanings hereby assigned to them perfect participle

اバヨャاヶル اダダガヨャة ャها ヶプ هذا اボバャد perfect participle

10. The person named as such in part II perfect participle

ヶルاんャزء اイャا ヶプ كャذよ ىヨジヨャا ゾガゼャا perfect participle

11.The sum stated in the letter of perfect participle

106

Acceptance

اヒヤらヨャ اヨャذآور トカヶプاب اらボャول perfect participle

12. The tests specified in the Contract perfect participle

اらわカΙارات اエヨャددة ヶプ اボバャد perfect participle

perfect participle 13. Within the time stated in part II of

these Conditions

Κカل اヨャدة اレΒらヨャة ヶプ اイャزء اんャاリョヶル هذロ اゼャروط perfect participle

14. Except as stated hereunder

ヶヤΑ اヨΒプヮΒヤハ

perfect participle

よاレんわシاء ョا هو ダレョوص perfect participle

Table 3.1.3.2a

The exceptions to the use of perfect participles are illustrated in Table 3.1.3.2b

below. In these examples, Arabic uses the present active (examples 15 to 21), the

simple past (examples 22 to 26), the past passive (examples 27 to 30) and the present

passive (example 31).


15. A person appointed from time to time

by the Engineer

カへر

perfect participle

ヮレΒバΑ ゾガセ اヨャهレدس リョ وろホ إャى present active

16. Any certificate of payment issued by

the Engineer

perfect participle

セهادة دダΑ ノプدرها اヨャهレدسأي present active

17. The appendix comprised in the form

of the Tender

perfect participle

107

ي ヨルヮΒヤハモヨわゼΑوذج اトバャاءاペエヤヨャ اャذ present active

18. The specification of the works

included in the Contract

perfect participle

ョواヘタات اヨハΕال اヤヨゼΑ ヶわャها اボバャد present active

19. Unless otherwise specified

ャك

perfect participle

ョاヤハゾレΑ ユャى Βビر ذ present active

20. Wherever in the Contract a provision

is made for the giving

ヮΒィوゎ ىヤハ

perfect participle

ヨんΒェا ゾレΑ اボバャد present active

21.Unless otherwise provided in the

Contract

ャك

perfect participle

ョا ゾレΑ ユャ اボバャد ヤハى Βビر ذ present active

22. As extended under Clause perfect participle

آヨا اわョد ヨよوょィ اレらャد simple past

23. As stated in the Contract perfect participle

آヨا ورد ヶプ اボバャد simple past

24. In the Contract (as hereinafter

defined)

perfect participle

)バよد آヨا ورد バゎرヨΒプヮヘΑا ( ヶプ هذا اボバャد

simple past

25. Information of a like nature

submitted by the Contractor

よها

perfect participle

اヤバヨャوョات ذات اバΒらトャة اゼヨャاよهة واボゎヶわャدم

اボヨャاول

simple past

26. Provided by the Engineer to the

Contractor

perfect participle

108

simple past إャى اボヨャاولواホヶわャدョها اヨャهレدس

27. Or addition thereto made under

Clause

perfect participle

أوإッاプات Βヤハها أィرヨよろΑوょィ اレらャد

past passive

28. Any person named in the Contract perfect participle

أي ヶプヶヨシゾガセ اボバャد past passive

29. As accepted by the letter of

Acceptance

perfect participle

آヨا ろヨゎ اヨャواボプة トカヶプヮΒヤハاب اらボャول

past passive

30. Of the respective kinds described in

ヶプ

perfect participle

ろヘタو ヶわャة اタاガャاف اレタΕا リョ past passive

31. Machinery intended to perfect participle

ヶわャات اレΒاآヨャهااよ رادΑ present passive

Table 3.1.3.2b

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3.1.3.3 The use of the present active

In most cases, the use of the Arabic present active coincides with its English

counterpart; but there are some exceptions. The coincidences are shown in the

underlined examples in Table 3.1.3.3a below.


1. But does not include plant present active

إΙ أルها モヨゼゎ Ι اΙΓت present active

2. Except where the context otherwise

requires

present active

ョا ヂわボΑ ユャ اΒジャاق Βビرها present active

3. In the event that the Contractor fails to present active

إذا モんわヨΑ ユャ اボヨャاول present active

present active 4. The date upon which the Contractor

receives the notice

اわャارオΑ اャذي ヮΒプユヤジわΑ اボヨャاول اトカΗار present active

5. The Employer’s risks are :

Βة :

present active

ャاわャر اデاガヨャا モヨバャرب ا モヨエわΑ present active

6. Where the context requires

present active

أヨレΑا ょヤトわΑ اΒジャاق ذャك present active

7.Which the Contractor proposes to present active

اわボΑ ヶわャرح اボヨャاول present active

8. Words also include the plural

ツΑا

present active

ダレゎرف اャكヨヤات إャى اノヨイャ أ present active

Table 3.1.3.3a

110

In some cases, Arabic uses the present passive instead of present active which is

used in English. The exceptions are illustrated in the underlined examples in Table

3.1.3.3b below.


9. “Retention Money” means the

aggregate of all monies

present active

ヒャاらヨャوع اヨイョ هاよ دダボΑزة وイわエヨャا ヒャاらヨャا present passive

10. “Appendix to Tender” means the

appendix

ペエ

present active

ヤヨャا ヮよ دダボΑاء وトバャا ペエヤョ present passive

11. “Bill of Quantities” means the

ダボΑد よها

present active

ホاヨもة اャكΒヨات و present passive

12. “Commencement Date” means the

date

present active

オΑارわャا ヮよ دダボΑدء وらャا オΑارゎ

present passive

present active 13. “Contract Agreement” means the

contract agreement

اヘゎاΒホة اボバャد وダボΑد よها اヘゎاΒホة اボバャد present passive

14. “Contract price” means the sum

ヒヤらヨャ

present active

ヨΒホة اボバャد وダボΑد よها ا present passive

15. “Drawings” means all drawings present active

اャرシوョات وダボΑد よها آモ اャرシوョات present passive

16. “Employer” means the person present active

111

ゾガゼャا ヮよ دダボΑو モヨバャرب ا present passive

Table 3.1.3.3b

On the other hand, when there is an English conditional clause starting with “if”

followed by the present active, Arabic uses the past simple in all cases, as shown in

the underlined examples in Table 3.1.3.3c below.


17. If any damage occurs to any bridge

ジィر

present active

إذا أタاب اツャرر أي past simple

18. If any error appears in

ヶプ أトカ

present active

إذا ョا ニهر أي past simple

19. If any loss happens to the works present active

إذا ペエャ اヨハΕال ジカارة past simple

present active 20. If the contractor encounters physical

obstructions

إذا واィهろ اボヨャاول ハواョペもادΑة past simple

21. If the Contractor fails to

ヶプ

present active

إذا أペヘカ اボヨャاول past simple

22. If the Engineer issues a Taking-Over

Certificate

ユヤジゎ

present active

إذا أタدر اヨャهレدس セهادة past simple

23. If the Engineer requires the

Contractor

present active

إذا ょヤデ اヨャهレدس リョ اボヨャاول

past simple

Table 3.1.3.3c

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3.2 Level 2: Analysis of textualization and stylistic features

This level of linguistic analysis highlights the tactical aspect of legal language use,

specifying the way legal drafters assign restricted values to legal texts (they may be

features of lexis, syntax, or even discourse). This is done by analysis of various legal

text samples of data in both English and Arabic. The analysis starts with cohesion,

the use of archaic words and expressions, followed by the use of technical terms and

expressions restricted to legal language, the use of collocations, and the use of

binomials.

3.2.1 Cohesion

As to cohesion, one can notice the following points:

A reduction in anaphoric links between sentences in legal English. The

motivation for this is to achieve exactness of reference. However, Arabic,

through the wider differentiation of its inflectional morphology (in the

subcategories of number and gender), is able to achieve considerable

precision of reference through anaphora. Look at the following underlined

examples:


“Provided that the Contractor shall not

be responsible for the design or

specification of permanent works, or for

the design or specification of any

temporary works not prepared by the

Contractor.”

ヤハى أن ジΑ Ιأل اボヨャاول ヨハا バΑ ユャدユΒヨダゎリョロ أو

ョواヘタات ヨハΖャال اャداヨもة أو ユΒヨダゎリョ أو

わホؤョ الヨハة أΑΕ اتヘタواョة


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Arabic legal texts are often more cohesive than their English counterparts in

terms of conjunctive elements; that is to say, English often makes a sentence

break where Arabic conjoins with wa. Holes (1995: 217) points out that

unlike the English ‘and’, wa regularly functions as a textual-connective, as

well as a sentence-connective. For example:


“….and such person shall not be again

allowed upon the works without the

consent of the Engineer. Any person so

removed from the works shall be

replaced as soon as possible.”

“ . . . . ヶプ دィواわャاよゾガゼャهذا ا モんヨャウヨジΑ リャو

ヶヤハدس وレهヨャا リョ ولらホ رى دونカへ رةョ الヨハΕا

ヶプ رカへゾガセ دバらヨャا ゾガゼャاよ دلらわジΑ اول أنボヨャا

ろホرب وホأ”


Arabic favours reference to extended text by means of conjunction +

demonstrative pronoun, in a way that is not paralleled in English. For

example:


“…, after due consultation by the

Engineer with the Employer…..”

وذャك バよد Βホام اヨャهレدس よاゼわャاور اレヨャاノョょシ رب “

モヨバャا. . .”


Cohesion is not simply a relation existing between sentences; it also operates below

the level of the sentence. Therefore, legal Arabic is overtly cohesive through

obligatory pronominal reference, as can be seen in the following sentence:

“ ャام واヌレヤャ اボプة وヨكエヨャا اヨررهボゎリΑذヤャة اボΑرト ,هΒヤハ دレわシأ ヶわャاب اらシΕا ユكエャا リヨツわΑا ”


114

3.2.2 The use of archaic words and expressions

As drafters of legal language have developed marked preferences in their choice of

words, this section will shed some light on archaic words and expressions that are

used only by lawyers. These words or phrases help to identify the language of a legal

document. According to Tiersma (1999: 95) “legal language often strives toward

great formality, it naturally gravitates towards archaic language”.

Table 3.2.2a below provides a list of archaic words and expressions that are used in

some English legal texts.

English archaic words and

expressions

1. Witnesseth

2. In Witness whereof

3. Hereunto

4. Hereinafter

5. Therein

6. Thereof

7. Whereas

8. Aforesaid

9. Hereunder

10. Hereinbefore

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11. Henceforth

12. Notwithstanding

13. The party of the first part

Table 3.2.2a

Table 3.2.2b below provides a list of archaic words and expressions that are used in

some Arabic legal texts.

Arabic archaic words and

expressions

English Meaning

The rented property .1 اリΒバャ اヨャؤィرة .1

Giving the benefit of doubt .2 درء اエャد よاらゼャهة .2

The right under this contract .3 اモエョペエャ هذا اボバャد .3

4. ヮكヤョヶプ اريイャ4 ا. What he owns

Table 3.2.2b

3.2.3 The use of technical terms and expressions restricted to legal language

This section also sheds some light on technical terms and expressions restricted to

legal language (such as モホا أヨهΑان /أプرトャري اΑ اヨらジェ) or used with a specific sense in the

legal domain such as (resolutions راراتホ). Table 3.2.2 below illustrates these terms

and expressions.

English technical terms and

expressions

Arabic technical terms and

expressions

1. The tender 1. اءトバャا

2. The letter of Acceptance 2. ولらボャاب اトカ

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3. The contract Agreement 3. دボバャة اΒホاヘゎا

4. In accordance with the provisions of

the Contract

وボプا ェΕكام اボバャد .4

5. Except as expressly stated in the

contract

よاレんわシاء ョا ホد ヮΒヤハゾレΑ اボバャد タراェة .5

6. Any of the duties and authorities

vested in the Engineer

よأي リョ اャواらィات واトヤジャات اレヨャوデة よاヨャهレدس .6

7. Pursuant to Sub-Clause 2.4 7. ヶハرヘャد اレらヤャ Ιاヨハ4-2إ

8. The lease shall commence on the

effective date

らΑدأ اイΑΗار اらわハارا ゎリョارシオΑرΑان هذا اボバャد .8

9. Resulting from gross negligence,

willful misconduct or total lack of good

faith of these parties

9. レャرف اダわャوء اシ أو ユΒジイャال اヨهΙا リハ ةヨィا

اヨわバヨャد أو اバルدام ゎوプر リジェ اΒレャة リョ اデΕراف

اヨャذآورة

10. The lessee shall not sublease the

premises or assign this lease or any

interest therein

わジヨヤャペエΑ Ιأィر أن Αؤィر اΕرض リョ اらャاリデ أو .10

エヤダョة レわΑヮΒプازل リハ هذا اボバャد أو أي


have inspected and examined the site

11. ノホوヨャا ゾエプو リΑاハ دホ اولボヨャر أن اらわバΑ

12. Defects liability period 12. وبΒバャا リハ ةΒャوゃジヨャرة اわプ

13. Force majeure 13. اهرةボャوة اボャا

14. Cross liabilities 14. ャؤジヨャةاャادらわヨャات اΒ

15. Compliance with Statutes and

Regulations

15. ウもواヤャات واバΑرゼわヤャ الんわョΗا

16. Consequential Damages 16. ةΒハاらわわシΗرار اッΕا

117

17. Liquidated Damages 17. ةΒホاヘゎΗات اツΑوバわャا

18. Arbitration 18. ユΒكエわャا

19. In Witness whereof 19. هادセدم واボゎ اョ ىヤハ ا

20. The parties hereto have caused this

Agreement to be executed

ボプد ارヶツゎ اデΕراف أن ユわΑ اわャوヤハノΒホى اヘゎΙاΒホة .20

Table 3.2.3

3.2.4 The use of collocations

According to Sinclair (1991: 170) collocation is “the occurrence of two or more

words within a short space of each other in a text”. Such occurrence or combination

is based on a lexical relationship within various grammatical structures. Collocations

exist in both English and Arabic. Also, they are commonly used in English and

Arabic legal texts. Table 3.2.4a below provides examples of the occurrence of

equivalent collocations in English and Arabic.

English collocations and

grammatical structure

Arabic collocations and

grammatical structure

1. The competent authority

Adjective + noun

اイャهات اダわガヨャة .1

Noun + adjective

2. The contracting parties

Adjective + noun

اトャرプان اバわヨャاホدان .2

Noun + adjective

3. The contract agreement

Noun + noun

إヘゎاΒホة اボバャد .3

Noun + noun

4. Terms and conditions

Noun + conjunction + noun

اェΕكاماゼャروط و .4


118

5. Right and duties


اボエャوق واャواらィات .5


6. Force majeure

Noun + adjective

اボャوة اボャاهرة .6

Noun + adjective

7. Gross negligence

Adjective + noun

7. ユΒジイャال اヨهΙا

Noun + adjective

8. Consequential damages

Adjective + noun

أッرار اらわわシاΒハة .8

Noun + adjective

9. Legal entity

Adjective + noun

9. ヶルوルاボャان اΒكャا

Noun + adjective

10. Termination of contract

Noun + preposition + noun

إルهاء اボバャد .10

Noun + noun

11. Written notice

Adjective + noun

11. ヶよاわار آバセإ

Noun + adjective

12. Necessary measures

Adjective + noun

اィΗراءات اΚャزョة .12

Noun + adjective

13. Enter into a contract

Verb + prepositional phrase

らΑرم ボハدا .13

Verb + noun

14. Settlement of dispute


ジゎوΑة اレヨャازハات .14

Noun + noun

15. Letter of guarantee


トカاب اヨツャان .15

Noun + noun

Table 3.2.4a

119

In some cases, when Arabic collocates its English counterpart does not and vice

versa. Look at the following examples in Table 3.2.4b below.

Arabic English

1. モヨバャ1 رب ا. Employer

Noun + noun Noun

Infrastructure .2 اΒレらャة اΒわエわャة .2

Noun + adjective Noun

シ 3. Effectiveاري اバヘヨャول .3

Adverb + noun Noun

4. リデاらャا リョ دホاバわャ4 ا. Subcontracting

Noun + prepositional phrase Noun

وモタ أョاルة .5

Noun + noun

5. Bond

ル 6. Expropriationزع اヤヨャكΒة .6

Noun + noun Noun

Lien .7 رهボハリاري .7

Noun + adjective Noun

ボゎ 8. Limitation of actionادم .8

Noun Noun + preposition + noun

ツェ 9. In presenceورΑا .9

Adverb preposition + noun

ΒビاΒよا .10

Adverb

10. In absentia

preposition + noun

Table 3.2.4b

120

3.2.5 The use of binomials

This section sheds some light on “binomials”, a collection of synonyms or near-

synonyms, as a feature of English legal texts. The motivation for using pairs of

synonyms is to “rely on inclusiveness as compensation for lack of precision” (Crystal

& Davy, 1969: 208). This may or may not be the reason for using binomials in

modern legal Arabic. Sometimes, binomials can be seen in Arabic; for example: دバゎ

リΒプرトヤャ ةョزヤョذة وプاル ةΒホاヘゎΙا ロهذ (This agreement shall be binding on the parties).

If the words “ةョزヤョذة وプاル” are literally translated into English, they read as “effective

and obligatory”. Another example is: ةらホراョراف وセإ ろエゎ (under the supervision and

control of). Table 3.2.5 below illustrates the use of binomials in the underlined

examples of English and Arabic legal texts.

English examples Arabic examples Comments

1. The Contractor shall

be deemed to have

inspected and examined

the site

リΑاハ دホ اولボヨャر أن اらわバΑ .1

ノホوヨャا ゾエプو

Inspecting a thing does not

include examining but

examining includes both.

This applies to both

English and Arabic. In

Arabic, the word ‘リΑاハ’,

which is ‘inspect’, could

mean looking at a thing

from outside and does not

necessarily mean going

into details, but the word

‘ゾエプ’, which is

‘examine’, includes both.

121

In other words, if you

examine something this

means you inspected as

well. Therefore, the word

‘examined’ ‘ゾエプ’, in this

case shall suffice.

2. All other

circumstances which

may influence

2. وآモ اヌャروف اカΕرى اホヶわャد

ヮジヨゎ

Both words ‘influence’

’ゎ’ and ‘affect’ ‘ザヨゎؤをر‘

give the same meaning.

Therefore, using one of

them shall suffice.

ゎؤをر ヤハى トハاヮも أو

or affect

his Tender

3. Unless it is legally or

physically impossible the

Contractor shall execute

ョا Α ユャكリ اΒヘレわャذ ホ ΚًΒエわジョاルوルاً . 3

ヨヨわΑها

The word ‘execute’ ‘ذヘレΑ’

does not mean complete

but the word ‘complete’

‘ユヨわΑ’ includes both

execution and completion.

Therefore, ‘complete’ shall

suffice.

أو ョادΑاً ، أن ヘレΑذ اヨハΕال و

and complete the works

Table 3.2.5

3.3 Summary

The first section of this chapter presented a contrastive linguistic analysis of various

types of Arabic and English legal texts, with a particular focus on commercial

contracts and agreements, to provide an answer for the following research question:

122

- What are the differences and similarities between Arabic and English legal

texts, in terms of syntactic, semantic, textual and stylistic features?

3.3.1 Syntactic and semantic features

The findings for grammatical features are summarized in the following:

1. English and Arabic legal language of contracts tends to use certain verb phrase

groups such as simple verbs (tense + aspect), infinitives, participles, and various

complex groups of modals.

2. In most cases, the use of the present active frequently occurs in both English and

Arabic, with some exceptions. An example of such an occurrence is shown in the

following underlined example:

Except where the context otherwise requires (رهاΒビ اقΒジャا ヂわボΑ ユャ اョ)

However, in some cases, Arabic uses the present passive instead of the present

active used in English. The exception is illustrated in the following underlined

example: “Contract Agreement” means the contract agreement ( هاよ دダボΑد وボバャة اΒホاヘゎا

Βホاヘゎةا )

3. In most cases, perfect participles are used in both English and Arabic, but with

some exceptions. The pattern is shown in the following underlined example:

Except as stated hereunder (ヶヤΑ اヨΒプヮΒヤハ وصダレョ ا هوョ اءレんわシاよ)

However, there are some exceptions in Arabic to the use of perfect participles: for

instance, the present active, such as أي ノプهادة دセدسレهヨャدرها اダΑ (Any certificate of payment

issued by the Engineer); the simple past, such as دボバャا ヶプ ا وردヨآ(As stated in the

Contract); the past passive, such as دボバャا ヶプヶヨシゾガセ أي(Any person named in the

Contract); or the present passive, such as هاよ رادΑ ヶわャات اレΒاآヨャا (The machinery intended

to).

123

4. When there is an English conditional clause starting with ‘if’ followed by the

present active, Arabic uses the past simple in all cases, as shown in the underlined

examples below:

- If any loss happens to the works (ارةジカ الヨハΕا ペエャ إذا)

- If the Contractor fails to (ヶプ اولボヨャا ペヘカإذا أ)

5. As to the use of modality, it appears that when the English modal is followed by a

present active form of the main verb, Arabic retains the modal element, with some

exceptions such as: The Contractor shall keep the Site free ( ノホوヨャاよナヘわエΑ اول أنボヨャى اヤハ

カ). The exceptions to the above are, for instance, when Arabic does not use aاΒャا

modal element, such as モヨエわΑ ةΒャوゃジヨャاول اボヨャة اヤョكاャا (The Contractor shall take full

responsibility).

6. In addition to these exceptions, Arabic legal language also does not use the modal

element in certain cases, as follows:

- When the English modal is followed by a future passive form of the main verb or

future passive + present perfect, e.g. All samples shall be supplied by the Contractor

( リョ اتレΒバャدم اボゎاولボヨャا ).

- When the English modal is followed by the verb ‘be’ + adjective, e.g. The

Contractor shall be responsible for ( リハ اولボヨャأل اジΑヶゎΓا ).

- When the English modal is followed by the verb ‘be’ + prepositional phrase, e.g.

Such security shall be in such form (ذيャا モكゼャان اヨツャذ هذا اガわΑ).

These examples indicate that there are cases of deviation from the norms of using

modality elements in Arabic legal language of contracts. Depending on the level of

obligation embedded in the sentence, Arabic uses active and passive forms of the

present tense for various verbs.

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3.3.2 Textualization and stylistic features

The findings for textualization and stylistic features are summarized in the following:

1. Archaic words and expressions are used in both English and Arabic legal texts.

Examples of such in English are: ‘Witnesseth’, ‘In Witness whereof’, and

‘Notwithstanding’. In Arabic, the examples are: هةらゼャاよ دエャرة ,درء اィؤヨャا リΒバャا, ヶプ اريイャا

ヮكヤョ

2. There are technical terms and expressions restricted to legal language such as:

Tender, Consequential Damages, and The contract agreement ( اッΕرار , اトバャاء

) إヘゎاΒホة اボバャد, اらわわシΗاΒハة , or used with a specific sense in the legal domain (resolutions

.(ホرارات

3. Collocations are commonly used in English and Arabic legal texts. Examples of

the occurrence of equivalent collocations in both English and Arabic are: “Terms and

conditions, Settlement of dispute, and Enter into a contract”

) اゼャروط واェΕكام ( ボハداらΑرم, اレヨャازハاتジゎوΑة

4. There are cases when Arabic collocates but its English counterpart does not. and

vice versa. Examples of these are:

Expropriation (ةΒكヤヨャزع اル), Lien (اريボハリره), and In absentia (اΒよاΒビ)

5. Binomials are also used in both English and Arabic legal texts. Clear examples of

such are: “The Contractor shall be deemed to have inspected and examined the site”

(ノホوヨャا ゾエプو リΑاハ دホ اولボヨャرأن اらわバΑ)

“All other circumstances which may influence or affect his Tender”

(ヮジヨゎ أو ヮもاトハ ىヤハ رをؤゎ دホヶわャرى اカΕروف اヌャا モآ)

Having described the structure and style of English and Arabic legal language, the

next chapter presents the practical side of legal translation in Saudi Arabia. It tackles

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three dimensions: first, the linguistic challenges encountered by legal translators,

second, the evaluation of their practice, and third the collaboration between

themselves and legal drafters.

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Chapter 4:

Empirical Study

4. Introduction

Some of the main objectives of this study are to investigate the linguistic challenges

encountered by legal translators throughout the process of legal document

translation, and the effects of working with legal document drafters on the process of

translation. This chapter presents the method and findings of the empirical part of

this study, conducted in the city of Jeddah, Saudi Arabia, among professional legal

translators and legal drafting specialized lawyers. It consists of two sections: first, the

study conducted among legal translators, second, the study conducted among legal

drafters. Both sections elaborate on the research design, methods, data collection,

research questions, and results and discussion. The first section deals with the

outcomes of the study conducted among legal translators. The results in this section

are analysed and discussed quantitatively.

The second section deals with the outcomes of the study conducted among legal

drafters. The results in this section are analysed and discussed quantitatively and

qualitatively.

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4.1 Questionnaire 1: Legal Translators

4.1.1 Research Design

The research was conducted in the form of a questionnaire survey to be completed by

legal translators located in Jeddah, Saudi Arabia.

4.1.2 Methods and Data Collection

The questionnaire was distributed to 30 professional legal translators working in

Jeddah, Saudi Arabia. Only 24 responded and completed the questionnaire. Seven

(29%) of them were working in law firms, six (25%) were working in various

commercial organizations, and 11 (45%) were freelance translators.

Initial telephone contacts were followed by personal meetings with participants

explaining the aims of the research. This was followed by mail and personal delivery

of the questionnaire. The questionnaire had attached a Consent Form and

Information Sheet as per the stipulations of the Human Research Ethics Committee

of the University of Western Sydney. All participants were assured of privacy and

safe storage of the data collected. The collection took three months, as some

participants were inconsiderate of the time factor. The return periods of completed

questionnaires took from one week as minimum up to eight weeks in some cases as

maximum. Table 4.1.2 illustrates the process:

Arrangement of Contacts Number Comments

Telephone Contacts 30 Numbers were obtained

from:

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- Legal drafters.

- Legal translators’

colleagues.

Personal meetings 22

Accepted 26

Refused 4 - Busy & have no

time.

- Not interested.

Successful conduct 24

Unsuccessful conduct 2 Failed to meet deadline.

Table 4.1.2

4.1.3 Research questions

The research questions of the thesis, as stated in Chapter 1 are:

- What are the difficulties involved in the translation of legal texts in general and

contracts in particular?

- What are the difficulties involved in the translation of culture-specific legal

terms?


The empirical investigation consisted of 15 questions given to professional legal

translators, concerning their qualifications, experience, the difficulties in translating

legal texts in general, contracts as well as culture-specific legal terms in particular,

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the impact of the new trends and changes in legal language on legal translation, and

the importance of consulting legal drafters.

To provide detailed answers for the hypothetical questions, the practical questions

were set up to cover various kinds and levels of difficulty encountered by legal

translators: Firstly, the difficulties involved in the translation of legal texts compared

to the translation of other texts, the translation of legal texts from Arabic into English

compared to the translation from English into Arabic, and the translation of

commercial contracts and agreements from English into Arabic and vice versa;

secondly, the stylistic, semantic, and syntactic areas that contribute to the main

linguistic challenges in translating commercial contracts and agreements from

English into Arabic and vice versa, namely: text layout (preamble, arrangements of

articles), general legal terminology, culture-specific legal terms, sentence structure,

tense, punctuation and capitalization, and modals, (shall, will, must, may); thirdly,

the solutions proposed by the translators to overcome these difficulties, such as by

means of dictionaries, colleagues, legal drafters, Internet websites, and parallel texts;

fourthly, questions about the importance of collaboration between legal translators

and legal drafters in the translation of commercial contracts and agreements from

English into Arabic and vice versa. Finally, they were asked for suggestions to

improve the quality of legal translation practice in Saudi Arabia, as well as

suggestions about the necessary qualifications of legal translators in Saudi Arabia,

such as a system of accreditation. The questions were:

1) What are your qualifications?

2) How many years have you been working as a professional translator?

3) Do you translate texts other than legal texts?

130

4) What is the level of difficulty you find in the translation of legal texts

compared to the translation of other texts?

5) What is the level of difficulty you find in the translation of legal texts

from Arabic into English compared to translation from English into

Arabic?

6) How often do you translate the following?

a. Commercial contracts and agreements.

b. Political agreements and treaties.

c. Personal documents, i.e. birth, marriage, school, etc.

d. Administrative and organizational documents, i.e. minutes of

meetings, rules & regulations, business letters, etc.

7) What is the level of importance given to the translation of the following?




d. Administrative & organizational documents, i.e. minutes of

meeting, rules & regulations, business letters, etc.

e. Legislations, constitutions, court pleadings, etc.

8) What is the level of difficulty in translating commercial contracts and

agreements from English into Arabic and vice versa?

9) Which of the following area/s contribute to the difficulty of translating

commercial contracts and agreements from English into Arabic?

a. Text layout, i.e. preamble, arrangements of articles

b. General legal terminology

c. Culture-specific legal terms

131

d. Sentence structure

e. Tense

f. Modals, i.e. shall, will, must, may

g. Punctuation and capitalization

h. Other

10) Which of the following area/s contribute to the difficulty of translating

commercial contracts and agreements from Arabic into English?

a. Text layout, i.e. preamble, arrangements of articles

b. General legal terminology

c. Culture-specific legal terms

d. Sentence structure

e. Tense

f. Modals, i.e. shall, will, must, may

g. Punctuation and capitalization

h. Other.

11) Which of the following do you resort to or consult with to overcome

difficulties in translating commercial contracts and agreements from

English into Arabic and vice versa?

a. Dictionaries.

b. Colleagues

c. Legal drafters

d. Internet websites

e. Parallel texts

f. Other

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12) How do you find the collaboration between legal translators and legal

drafters when translating commercial contracts and agreements?

13) Which of the following needs more collaboration between legal

translators and legal drafters when translating commercial contracts

and agreements?

a. Translation from English into Arabic

b. Translation from Arabic into English

14) Do you have any suggestions to improve the quality of legal translation

practice in Saudi Arabia?

15) Do you have any suggestions about the necessary qualifications of legal

translators in Saudi Arabia, e.g. a system of accreditation?

The questions were followed by two text samples of standard contracts to be

translated by the participants; one from English into Arabic and the other from

Arabic into English. The purpose of this was to evaluate their translations and

identify the linguistic challenges encountered by legal translators. The models set for

the evaluation of their translations are the original approved translation of these texts.

4.1.4 Results and Discussion Questionnaire 1: Legal Translators

As noted earlier in this thesis, legal translation is one of the specialised fields of

translation; nowadays, according to Wagner (2003), “In this era of modernisation

and globalisation, legal translation plays an essential role as a means of

communication enabling the mechanism of the law—i.e. the legal reasoning and

drafting—to work in more than one language”. Cao (2007: 8) indicates that legal

translation falls under the specialist category, or technical translation. There is

133

another classification by Sarcevic (1997), in which legal translation can be classified

according to the functions of legal texts in the source language (SL) into the

following categories:

1. primarily prescriptive, e.g., laws, regulations, codes, contracts, treaties and

conventions.

2. primarily descriptive but also prescriptive, e.g., judicial decisions and legal

instruments such as actions, pleadings, briefs, appeals, requests, petitions etc.

purely descriptive, e.g., scholarly works written by legal scholars such as legal

opinions, law textbooks, articles etc.On the other hand, the legal translator

encounters ritualistic, archaic and codified genre styles and structures. However, the

most important thing is the approach of the translator towards these characteristics of

texts. This includes the skills that the legal translator should have. According to

Smith (1995: 181), there are three prerequisites for successful translation of legal

texts. The legal translator:

4. must acquire a basic knowledge of the legal systems, both in the SL and TL;

5. must possess familiarity with the relevant terminology;

6. must be competent in the TL specific legal writing style.

Having theoretically classified legal translation according to the typology or text

functions as well as the skills of the legal translator, we move to the practical issue of

the translator in practice.

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4.1.5 Results and discussion

The number of respondents in this questionnaire was 24 professional legal

translators. SPSS was used as a method for analysis of the data. The results and

discussion are presented below:

4.1.5.1 Distribution of the sample according to qualifications

Table 4.1.5.1a below demonstrates the different levels of qualifications of the

respondents:

Qualification f %

Bachelor 22 91.7

Master 1 4.2

Ph.D. 1 4.2

Total 24 100

Table 4.1.5.1a

The majority of respondents, 91.7%, possessed a Bachelor degree, while 4.2%

possessed a Master and 4.2% possessed a PhD. According to my experience and to

the knowledge of colleagues, this number constitutes almost 70% of professional

legal translation practitioners in Saudi Arabia. However, there is no effect of

qualification differences on the opinions of respondents to questions 6, 7, 9 and 10

(see Appendix 4).

135

4.1.5.2 Descriptive statistics for the years of experience

Table 4.1.5.2 illustrates the years of experience of the respondents:

Years of Experience f %

Less than 6 years 7 29.2

From 6 years to 10 years 12 50.0

More than 10 years 5 20.8

Total 24 100

Table 4.1.5.2

As seen above, 29.2% of the respondents had from one to six years experience, while

50% had experience up to 10 years, and 20.8% exceeded 10 years. These figures are

consistent with the view that legal translation in Saudi Arabia is a modern practice

which started in the late seventies as a result of the oil boom and the establishment of

multinational companies.

However, there is no effect of experience differences on the opinions of respondents

to questions 7, 9 and 10 except for question 6 (see Appendix 4).

4.1.5.3 Translation of texts other than legal text

Most respondents translated not only legal texts but also various other types of text:

95.8% of them indicated that they translate other types of text, and only 4.2% were

devoted solely to the translation of legal texts. This means that there are few devoted

136

practitioners of legal translation in Saudi Arabia, and thus the business of legal

translation lacks specialists in this field.

4.1.5.4 The level of difficulty in the translation of legal texts compared to the

translation of other text types

Table 4.1.5.4 indicates the level of difficulty encountered by respondents when

translating legal texts, compared to other types of text:

Q4a—Legal

Texts

Q4b—Other

Texts Rating

f % f %

1 = very easy 3 13.0 5 21.7

2 = easy 5 21.7 11 47.8

3 = moderate 8 34.8 6 26.1

4 = difficult 6 26.1 1 4.3

5 =

very difficult 1 4.3 - -

Total 23 100 23 100

Table 4.1.5.4

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Thirteen percent of the respondents thought that legal translation was very easy,

against 21.7% who thought that other text types were easier. The majority (34.8%)

stated a level of difficulty starting from level 3 onward. At the highest level of

difficulty, 5, only 4.3% of the respondents found legal text translation very difficult

compared to the translation of other texts. The overall results show that translating a

legal text is far more difficult compared to the translation of other texts.

4.1.5.5 The level of difficulty in the translation of legal texts from Arabic into

English compared to the translation from English into Arabic

Table 4.1.5.5 shows a comparison of the perceived level of difficulty between the

translation of legal texts from Arabic into English and vice versa.

Q5a—Arabic into

English

Q5b—English

into Arabic Rating

F % f %

1 = very easy 2 8.3 9 37.5

2 = easy 9 37.5 7 29.2

3 = moderate 7 29.2 8 33.3

4 = difficult 5 20.8 - -

5 = very

difficult 1 4.2 - -

Total 24 100 24 100

Table 4.1.5.5

138

At the lowest level of the scale of difficulty, the translators who found translation of

legal texts from Arabic into English very easy constituted 8.3% of respondents, while

the translators who found the translation of legal texts from English into Arabic very

easy constituted 37.5% of respondents. At the highest level of the scale of difficulty,

the translators who found translation of legal texts from English into Arabic very

difficult constituted 0% of respondents, while the translators who found the

translation of legal texts from Arabic into English very difficult constituted 4.2% of

respondents. The overall results indicate that the majority of translators found

translation of legal texts from Arabic into English more difficult than the translation

from English into Arabic. The main reasons for this might be that the native

language of the translators is Arabic, and that they lack sufficient second language

acquisition in general and legal language in particular.

4.1.5.6 The frequency of legal text translation, by type

The respondents were given the following question:

How often do you translate the following?




d. Administrative and organizational documents, i.e. minutes of meeting,

rules & regulations, business letters, etc.

The reason for giving this question to the respondents is to find the area of their

regular practice of translation, as this study is concerned with legal text translation in

139

general and commercial contracts and agreements in particular. Their answers

provide a profile of actual legal translation practice in Saudi Arabia. The rating was

of three levels; never, often, and very often.

The results are shown in Table 4.1.5.6 below:

Never Often

Very

often No. How often translate

f % f % f %

6a Commercial contracts and agreements. 0 0.0 15 62.5 9 37.5

6b Political agreements and treaties. 15 62.5 8 33.3 1 4.2

6c

Personal documents, i.e. birth,

marriage, school, etc. 1 4.2 9 37.5 14 58.3

6d

Administrative and organizational

documents, i.e. minutes of meeting,

rules & regulations, business letters,

etc.

0 0.0 16 66.7 8 33.3

6e

Legislation, constitutions, court

pleadings, etc. 10 41.7 11 45.8 3 12.5

Total 26 21.7 59 49.2 35 29.2

Table 4.1.5.6

The results indicate that 62.5% of the respondents often translate commercial

contracts and agreements and 37.5% very often translate these texts. The highest rate

was for the translation of personal documents, i.e. birth, marriage, school, etc., where

140

58% of respondents very often translated these types of legal texts. For

administrative and organizational documents, i.e. minutes of meeting, rules &

regulations, business letters, etc., 66.7% of the respondents often translated these

types of legal text and 33.3% practised the same very often. The lowest rate of

practice was for political agreements and treaties where 33.3% of the respondents

often translated these types of texts while 4.2% very often do the same.

The overall response to this question indicates that legal translation in Saudi Arabia

is mostly practised: firstly, on personal documents, i.e. birth, marriage, school;

secondly, on commercial contracts and agreements, and thirdly on administrative and

organizational documents, i.e. minutes of meeting, rules & regulations, business

letters.

4.1.5.7 The level of importance given to the translation of different types of

documents or agreements

The respondents were given this question to find how important, from their

perspective, is the translation of commercial contracts and agreements? This can

contribute to a financial loss or affect the rights of either party to a contract or an

agreement. The rating has five levels of importance, starting from not very important

to very important. The results are shown in Table 4.1.5.7 below:

1 = not

very

important

2 3 4

5 = very

important No. Type of document or agreement

f % f % f % f % f %

141

7a

Commercial contracts and

agreements. 1 4.2 0 0.0 6 25.0 4 16.7 13 54.2

7b Political agreements & treaties. 8 33.3 2 8.3 5 20.8 1 4.2 8 33.3

7c

Personal documents, i.e. birth,

marriage, school, etc. 4 16.7 2 8.3 7 29.2 6 25.0 5 20.8

7d

Administrative & organizational

documents, i.e. minutes of

meeting, rules & regulations,

business letters, etc.

1 4.2 4 16.7 8 33.3 7 29.2 4 16.7

7e

Legislation, constitutions, court

pleadings, etc. 5 20.8 4 16.7 3 12.5 3 12.5 9 37.5

Total 19 15.8 12 10.0 29 24.2 21 17.5 39 32.5

Table 4.1.5.7

The results indicate that 54.2% of the respondents found the translation of

commercial contracts and agreements very important while 4.2% found it not very

important. The second very important type of legal texts was legislation,

constitutions, court pleadings, at 37.5%. The lowest rate of importance was given to

the texts of administrative & organizational documents, i.e. minutes of meeting, rules

& regulations, business letters, at 16.7%.

Looking at the overall results of this question, we understand that, given the highest

level of importance attached to the translation of commercial contracts and

agreements, it is not only expected but rather a must to give the highest level of

importance to the translation of commercial contracts and agreements , due to the

reasons mentioned earlier in this study. But the fact that other types of legal text,

142

such as administrative and organizational documents, are rated at the lowest level of

importance seems contrary to the reality that:

Inaccurate translation of these documents can have a serious impact on the

people involved in these businesses or organizations.

Every legal document ought to be treated equally in terms of importance, as it

affects the rights and duties of every party involved in such documents.

4.1.5.8 The level of difficulty in translating commercial contracts and

agreements from English into Arabic and vice versa

The answer to this question helps us to understand which is more difficult to

translate: An Arabic contract or agreement into English or vice versa? The rating was

on five levels, starting from very easy to very difficult. The results are shown in

Table 4.1.5.8 below:

Q8a—English into

Arabic

Q8b—Arabic into

English Rating

f % f %

1 = very easy 8 33.3 3 12.5

2 9 37.5 6 25.0

3 5 20.8 7 29.2

4 1 4.2 6 25.0

5 = very difficult 1 4.2 2 8.3

Total 24 100 24 100

Table 4.1.5.8

143

The same level of difficulty persists in the translation of legal texts from Arabic into

English, as shown in previous results in the specific field of contracts and

agreements.

By looking at the results, we find that 33.3% of the respondents found translation of

commercial contracts and agreements from English into Arabic very easy, 37.5% are

on the second level of difficulty, and 4.2% found it very difficult. On the other hand,

12.5% found translation of commercial contracts and agreements from Arabic into

English very easy, 25.0% are on the second level, and 8.3% found it very difficult.

Again, the overall results indicate that the majority of translators find translation of

commercial contracts and agreements from Arabic into English is more difficult than

the translation from English into Arabic. The main reasons for this might be that

there is a lack of sufficient command of English legal language, and less consultation

with legal English experts.

4.1.5.9 Contribution to the difficulty of translating commercial contracts and

agreements from English into Arabic

The answer to this question provides more specific details of the areas mostly

contributing to the difficulty of translating commercial contracts and agreements

from English into Arabic. The rating had five levels, from very little contribution to

very big contribution. The results are shown in Table 4.1.5.9 below:

No.


agreements

1 = very

little

contribution

2 3 4 5 = very big

contribution

144

f % f % f % f % f %

9a

Text layout, i.e. preamble,

arrangements of articles 11 45.8 5 20.8 3 12.5 1 4.2 4 16.7

9b General legal terminology 4 16.7 3 12.5 7 29.2 5 20.8 5 20.8

9c Culture-specific legal terms 2 8.3 3 12.5 12 50.0 1 4.2 6 25.0

9d Sentence structure 6 25.0 13 54.2 2 8.3 3 12.5 0 0.0

9e Tense 10 41.7 10 41.7 3 12.5 0 0.0 1 4.2

9f

Modals, i.e. shall, will, must,

may 10 41.7 10 41.7 3 12.5 1 4.2 0 0.0

9h

Punctuation and

capitalization 18 75.0 3 12.5 2 8.3 0 0.0 1 4.2

Total 61 36.3 47 28.0 32 19.0 11 6.5 17 10.1

Table 4.1.5.9

By looking at the results above, 75.0% of respondents found punctuation and

capitalization contributed very little to the difficulty of the translation of commercial

contracts and agreements, and 45.8% found text layout, such as preamble,

arrangements of articles, did the same. The areas of tense and modals such as shall,

will, must, may contributed an equal (very small) difficulty in the translation of

commercial contracts and agreements for 41.7%. The lowest percentage in this level

(very little contribution) was for the translation of culture-specific legal terms with

8.3%; this, at the same time was the highest single (very big) contribution, at 25.0%.

As one of the aims of this study was to tackle the difficulties encountered by legal

translators in translating commercial contracts and agreements from English into

Arabic, we can see that: first, the translation of culture-specific legal terms

translation comes at the top of the list of contributions to difficulty, followed by

145

General legal terminology, Text layout, such as preamble, arrangements of articles

and so on, and finally tense, modals, i.e. shall, will, must, may, punctuation and

capitalization, and sentence structure.


and agreements from Arabic into English

The answer to this question provides more specific details of the areas mostly

contributing to the difficulty of translating commercial contracts and agreements

from Arabic into English. The rating spanned five levels, from very little

contribution to very big contribution. The results are shown in Table 4.1.5.10 below:

1 = very

little

contribution

2 3 4 5 = very big

contribution No.


agreements

f % f % f % f % f %

10a


arrangements of articles 14 58.3 3 12.5 1 4.2 1 4.2 5 20.8

10b General legal terminology 4 16.7 3 12.5 6 25.0 5 20.8 6 25.0

10c Culture-specific legal terms 4 16.7 1 4.2 10 41.7 4 16.7 5 20.8

10d Sentence structure 8 33.3 9 37.5 3 12.5 4 16.7 0 0.0

10e Tense 12 50.0 9 37.5 1 4.2 1 4.2 1 4.2

10f

Modals, i.e. shall, will, must,

may 12 50.0 9 37.5 1 4.2 0 0.0 2 8.3

10h

Punctuation and

capitalization 17 70.8 4 16.7 2 8.3 0 0.0 1 4.2

Total 71 42.3 38 22.6 24 14.3 15 8.9 20 11.9

Table 4.1.5.10

146

In the results above, we can see different ratings in those areas which contribute to

the difficulty of translating commercial contracts and agreements from Arabic into

English, compared to the translation of Arabic into English: 70.8% of the

respondents found that translation of punctuation and capitalization made very little

contribution to the difficulty of translating commercial contracts and agreements, and

58.3% found text layout did the same. The areas of tense and modals such as shall,

will, must, may contributed an equal (very little) difficulty in the translation of

commercial contracts and agreements with 50.0%. The lowest percentage in this

level (very little contribution) was for the translation of culture-specific legal terms

and general legal terminology, at 16.7%.

The highest rate (very big contribution) to the difficulty of the translation of

commercial contracts and agreements from Arabic into English was for general legal

terminology (25.0%), followed by translation of culture-specific legal terms and text

layout, i.e. preamble, arrangements of articles on equal percentages (20.8%).

The overall results indicate that culture-specific legal terms and general legal

terminology made the biggest contributions to the difficulty of translating

commercial contracts and agreements from Arabic into English and vice versa.

4.1.5.11 Different methods to overcome difficulties in translating commercial

contracts and agreements from English into Arabic and vice versa

Having identified the areas mostly contributing to the difficulty of translating

commercial contracts and agreements from English into Arabic and vice versa, we

examine the methods used by the respondents to overcome difficulties in translating

147

commercial contracts and agreements from English into Arabic and vice versa. See

Table 4.1.5.11 below:

Resort to or Consult with f %

Dictionaries 21 87.5

Colleagues 16 66.7

Legal drafters 10 41.7

Internet websites 9 37.5

Parallel texts 15 62.5

Table 4.1.5.11

Looking at the results above, 87.5% of the respondents resorted to dictionaries,

66.7% to colleagues, 62.5% to parallel texts, 41.7% to legal drafters, and the lowest,

37.5% to Internet websites. The results indicate that dictionaries are on the top of the

list that the translators resort to, to overcome any linguistic challenge when

translating commercial contracts and agreements from English into Arabic and vice

versa, followed by colleagues, parallel texts, legal drafters, and Internet websites.

4.1.5.12 Collaboration between legal translators and legal drafters when

translating commercial contracts and agreements

The answer to this question contributes to one of the research main questions: what

are the effects of working with legal drafters on legal translation? The results are

shown in Table 4.1.5.12 below:

148

Collaboration f %

Not important 1 4.2

Important 7 29.2

Very important 16 66.7

Total 24 100

Table 4.1.5.12

In the results above, 66.7% of the respondents found collaboration between legal

translators and legal drafters when translating commercial contracts and agreements

very important, 29.2% found it important, while 4.2% thought it was not important.

The overall results indicate that the majority of legal translators in Saudi Arabia

assert that collaboration between legal translators and legal drafters when translating

commercial contracts and agreements is very important.

4.1.5.13 The need for greater or less collaboration between legal translator

and legal drafters when translating commercial contracts and agreements

from English into Arabic and vice versa

The answer to this question specifies the level of need for collaboration among legal

translators and legal drafters when translating from English into Arabic and vice

versa. The ratings were from 1 (Very little collaboration) to 5 (Very much

collaboration). The results are shown in Table 4.1.5.13 below:

149

Q13a—English into

Arabic

Q13b—Arabic into

English Collaboration

f % f %

1 = Very little collaboration 1 4.2 1 4.2

2 8 33.3 2 8.3

3 10 41.7 6 25.0

4 1 4.2 8 33.3

5 = Very much collaboration 4 16.7 7 29.2

Total 24 100 24 100

Table 4.1.5.13

The results indicate that the lowest level of need for collaboration when translating

from English into Arabic was 4.2% of the respondents, the mid was 41.7%, and the

highest was 16.7%. On the other hand, the lowest level of need for collaboration

when translating from Arabic into English was 4.2% of the respondents, the mid

25.0%, and the highest 29.2%. This means that the respondents needed more

collaboration with legal drafters when translating from Arabic into English.

Looking at the overall results above, we can see that legal translation from Arabic

into English constitutes a greater challenge for respondents than translation from

English into Arabic.

150

4.1.6 Summary

This questionnaire was conducted among professional legal translators to provide

answers for the following research questions:

- What are the difficulties involved in the translation of legal texts in

general and contracts in particular?

- What are the difficulties involved in the translation of culture-specific

legal terms?


The findings are summarized in the following:

1. The respondents were given a question about their qualifications. The

majority of respondents (91.7%) possessed a Bachelor degree, 4.2% a

Masters and 4.2% a PhD. However, there was no effect of qualification on

the opinions of respondents to questions 6, 7, 9 and 10 (see Appendix 4).

2. The respondents were given a question about their experience in the field of

translation: 29.2% of the respondents had one to six years of experience,

while 50% had up to 10 years, and 20.8% exceeded 10 years. Therefore,

almost 80% of the respondents had one to ten years of experience. The total

number of respondents constituted almost 70% of the estimated population of

legal translation professionals in Jeddah, Saudi Arabia. This confirms that

legal translation in Saudi Arabia is a modern practice which started in the late

seventies as a result of the oil boom and the establishment of multinational

companies. However, there was no effect of experience differences on the

151

3. Most respondents translated not only legal texts but also various other types

of text; 95.8% of them indicated that they translated other types of text, and

only 4.2% were devoted solely to the translation of legal texts. This means

that there are fewer devoted practitioners of legal translation in Saudi Arabia,

i.e., the business of legal translation lacks specialists in this field.

4. The level of difficulty encountered by the respondents when translating legal

texts compared to other types of text, was high. Thirteen percent thought that

legal translation was very easy, against 21.7% who thought that other text

types were easier. The majority of respondents confirmed a level of difficulty

from level 3 upwards. At the highest level of difficulty, 5, 4.3% of the

respondents found legal text translation very difficult in contrast to the

translation of other texts. The overall results show the perception that

translating legal texts is far more difficult than the translation of other texts.

5. In comparisons of the level of difficulty between the translation of legal texts

from Arabic into English and vice versa, the translators who found translation

of legal texts from Arabic into English very easy constituted 8.3% of

respondents, while translators who found the translation of legal texts from

English into Arabic very easy constituted 37.5% of respondents. The

translators who found translation of legal texts from English into Arabic very

difficult constituted 0% of respondents, while the translators who found the

translation of legal texts from Arabic into English very difficult constituted

4.2% of respondents.

152

The overall results indicate that the majority of translators find translation of legal

texts from Arabic into English more difficult than the translation from English into

Arabic. The main reasons for this might be that the native language of the translators

is Arabic, and that they lack sufficient second language acquisition in general and

legal language in particular.

6. The results of the frequency of translation of various types of legal text

indicated that 62.5% of the respondents often translated commercial contracts

and agreements and 37.5% very often translated these texts. The highest rate

(58%) was for the translation of personal documents, i.e. birth, marriage,

school, and the respondents very often translated these types of legal text. For

administrative and organizational documents, i.e. minutes of meeting, rules

and regulations, business letters, 66.7% of the respondents often translated

these types of legal text and 33.3% very often translated these texts. The

lowest rate of practice was for political agreements and treaties: 33.3% of the

respondents often translated these types of texts, while only 4.2% very often

did the same.

The overall response confirms that legal translation in Saudi Arabia is mostly

practised: firstly, on personal documents, i.e. birth, marriage, school; secondly, on

commercial contracts and agreements; and thirdly on administrative and

organizational documents, i.e. minutes of meeting, rules and regulations, business

letters.

7. The results of the level of importance given to the translation of different

types of documents or agreements indicate that 54.2% of the respondents

found the translation of commercial contracts and agreements very important

while 4.2% found it not very important. The second most important type of

153

Inaccurate translation of these documents can have a serious impact on

the people involved in these businesses or organizations; and

Every legal document ought to be treated equally in terms of

importance, as it affects the rights and duties of every party involved in

such documents.

8. The results of the level of difficulty in translating commercial contracts and

agreements from English into Arabic and vice versa, indicate that 33.3% of the

respondents found translation of commercial contracts and agreements from English

into Arabic very easy, 37.5% were on the second level of difficulty, and 4.2% found

it very difficult. On the other hand, 12.5% found translation of commercial contracts

and agreements from Arabic into English very easy, 79.2% found it moderately

difficult, and 8.3% found it very difficult.

The overall results indicate that the majority of translators find translation of

commercial contracts and agreements from Arabic into English more difficult than

the translation from English into Arabic. The main reasons for this might be that

154

there is a lack of sufficient command of English legal language, and less consultation

with legal English experts.

9. The results of contribution to the difficulty of translating commercial

contracts and agreements from English into Arabic indicate that 75.0% of the

respondents found punctuation and capitalization contributed very little to the

difficulty of the translation of commercial contracts and agreements, and

45.8% found text layout, i.e. preamble, arrangements of articles also

contributed very little to the difficulty of translation. The areas of tense and

modals such as shall, will, must, may, contributed to an equal level of

difficulty in the translation of commercial contracts and agreements (41.7%).

The lowest percentage in this level of difficulty was for the translation of

culture-specific legal terms, at 8.3%, and at the same time it was the highest

(very big contribution; 25.0%).

As one of the aims of this study was to tackle the difficulties encountered by legal

translators in translating commercial contracts and agreements from English into

Arabic, we can conclude that:

Culture-specific legal term translation comes at the top of the list of

contributors to difficulty,

General legal terminology comes in the middle; then

Text layout, i.e. preamble, arrangements of articles; and

Tense, modals, i.e. shall, will, must, may, punctuation, capitalization, and

sentence structure come at the bottom.

10. The results of contribution to the difficulty of translating commercial

contracts and agreements from Arabic into English show that 70.8% of the

155

The highest response, indicating a very big contribution to the difficulty of the

translation of commercial contracts and agreements from Arabic into English, was

for general legal terminology (25.0%), followed by the translation of culture-specific

legal terms and text layout, i.e. preamble, arrangements of articles, with equal

percentages of 20.8%.


terminology were the biggest contributions to the difficulty of translating commercial

contracts and agreements from Arabic into English and vice versa.

11. The results of the different methods to overcome difficulties in translating


versa indicate that 87.5% of the respondents resorted to dictionaries, 66.7% to

colleagues, 62.5% to parallel texts, 41.7% to legal drafters, and 37.5% to

Internet websites. The results indicate that dictionaries are on the top of the

list and that the translators primarily resort to them to overcome any linguistic

challenges when translating commercial contracts and agreements from

156

The overall result shows that most translators resorted to dictionaries as a method to

overcome difficulties they encounter in legal translation, and 41% of them resorted

to legal drafters. This is suggestive of some reasons for some cases of inaccurate

translation of legal texts. Dictionaries can only provide an interpretation of legal

terms or phrases separated from the text, but not an overall interpretation of a legal

text; this can only be interpreted by its legal drafters. For example, in cases of long

legal sentences which can, sometimes, constitute a whole paragraph with punctuation

marks, dictionaries are not of much help.

12. The results of the collaboration between legal translators and legal drafters when

translating commercial contracts and agreements indicate that 66.7% of the

respondents found collaboration between legal translators and legal drafters, when

translating commercial contracts and agreements, very important. 29.2% found it

important, while 4.2% thought it was not important.

The overall result shows that the majority of legal translators in Saudi Arabia assert

that collaboration between legal translators and legal drafters when translating

commercial contracts and agreements was very important.

13. The results of the need for greater or less collaboration between legal

translator and legal drafters when translating commercial contracts and

agreements from English into Arabic and vice versa show that 4.2% of the

respondents have the lowest level of need for collaboration when translating

157

The overall results indicate that legal translation from Arabic into English constitutes

a greater challenge for respondents than translation from English into Arabic.

14. As to the question of the quality of legal translation practice in Saudi Arabia, the

respondents were asked to provide suggestions to improve the quality of legal

translation practice: 37.5% did not answer this question while the remaining 62.5%

provided the following suggestions:

Have a list of legal terminology and cultural-specific terms in a

reliable website or in an online dictionary.

More cooperation between legal translators and legal drafters.

Establishing translation associations which can conduct exams and

issue certificates accordingly.

Issuance or publication of legal guides or dictionaries that have the

most difficult legal terminology of inheritance issues that exist,

especially in Islamic law.

Conduct training courses in legal translation.

Extensive reading of translated texts and translating as many legal

texts as possible.

Establishing institutions specializing in legal translation.

158

Launching websites for professional legal translators as well as

translation forums.

Issuance of periodicals updating the latest trends in legal translation.

Legal translators should have a good command of legal language in

both SL and TL.

Improve the systems currently applied by the offices of translation

bussiness.

15. As to the question of the qualifications of legal translators in Saudi Arabia,

the respondents were asked to provide suggestions about the qualifications of

legal translators, including a system of accreditation. While 33.3% did not

answer this question, 66.7% provided the following suggestions:

Establishment of a legal translation institution.

Each translator working in the field of legal translation should be

tested and accredited individually and this should exclude

accreditation of only the office owner being licensed to practice

transaltion.

Conducting more courses and training in the field of legal translation.

Legal translators should obtain a certificate to be issued by the

Ministry of Justice in order to practise.

Conducting specialized courses in legal writing and translation.

Establishment of a system of accreditation that promotes having a

certain level of knowledge of various laws in order to practise legal

translation.

Establishment of more specialized legal translation offices.

159

Conducting periodical courses specialized in legal and business

terminology.

Accreditation should be granted to highly qualified translators.

Conducting specialized training in the form of a postgraduate diploma

or masters’ degree in the field of legal translation.

4.1.7 Evaluation of the respondents’ sample translations

The above questions were followed by two text samples of standard and approved

contracts to be translated by the respondents—one from English into Arabic and the

other from Arabic into English. The purpose of this test was to evaluate the

translations and identify the linguistic challenges encountered by legal translators.

The challenges were in the areas that contributed to the difficulty of translating

commercial contracts and agreements from English into Arabic and vice versa. The

areas were:

a. Text layout, i.e. preamble, arrangements of articles.

b. General legal terminology.

c. Sentence structure.

d. Tense.

e. Modals, i.e. shall, will, must, may.

f. Punctuation and capitalization.

The criteria set for my evaluation of their translations were based on the original

approved translation of these text samples of standard contracts and agreements. Out

of 24, the total number of respondents who participated in the translation was 22.

The evaluations of translations performed by all participants are presented in the

160

following tables. First, there is an evaluation of the translations from English into

Arabic; this is followed by evaluation of the translation from Arabic into English.

4.1.7.1 English into Arabic translation

Criteria and areas of

linguistic challenges

Differences from approved

translation

Overall

evaluation of

acceptability

*


arrangements of articles,

sections, and subsections

Text layout was fully retained in the

TLT (target language text) by the

majority (99%) of respondents.

4

General legal terminology The majority (68%) scored 0, 1, or 2

errors, confirming that this area is not

of major difficulty.

9% of participants made 5 translation

errors

13.6% made 4

9% made 3

31.8% made 2

22.7% made 1

13.6% made 0

3

Sentence structure 9% of the participants made 6

translation errors, 13.6% made 5,

31.8% made 4, 22.7% made 3, 18%

2

161

made 2, and 4.5% made 1. The

majority (76%) scored 3, 4, 5, or 6

errors, confirming that this area poses

a high level of difficulty.

Tense 22.7% of the participants made 3


36.3% made 1, and 18% made 0. The

majority (77%) scored 0, 1, or 2

errors, confirming that this area is not

of major difficulty.

3

Modals, i.e. shall, will,

must, may

9% of the participants made 3

translation errors, 9% made 2, 36.3%

made 1, and 45.4% made 0. The

majority (90.7%) scored 0, 1, or 2

errors, confirming that this area is the

easiest in translation.

4

Punctuation and

capitalization

4.5% of the participants made 7


13.6% made 5, 27.2% made 4, 22.7%

made 3, 4.5% made 2, 9% made 1,

and 4.5% made 0. The majority

(81.6%) scored 3, 4, 5, 6, or 7 errors,

confirming that this area poses the

highest level of difficulty.

2

Total 18 out of 30

162

* Overall evaluation of acceptability

1 = Incompetent Standard

2 = Unsatisfactory Standard

3 = Accepted Standard

4 = Professional Standard

5 = Highly Professional Standard

Table 4.1.7.1a

The evaluation of the English into Arabic translations (Table 4.1.7.1a) performed by

the 22 participants indicates the following:

The text layout, i.e. preamble, arrangements of articles, sections, and

subsections makes little contribution to the difficulty of translating

commercial contracts and agreements from English into Arabic. The majority

(99%) of these professional legal translators fully retained all these layout

aspects in the TLT (target language text). The overall evaluation of

acceptability in this area scored 4 of 5.

In general legal terminology, the majority (68%) of the translations indicated

that this area did not constitute a major contribution to the difficulty of

translating commercial contracts and agreements from English into Arabic.

The sentence structure results indicate a high level of difficulty. In this area,

the majority (76%) encountered linguistic challenges.

The tense results show that the majority (77%) of the translations indicate

that this area does not constitute a major contribution to the difficulty of

translating commercial contracts and agreements from English into Arabic.

163

In the modals, i.e. shall, will, must, may, the majority (90.7%) found they

contributed the least difficulty in translating commercial contracts and

agreements from English into Arabic.

In punctuation and capitalization, the majority (81.6%) of participants

encountered the highest level of linguistic challenge.

An overall evaluation of the translations made by the participants shows various

problematic linguistic behaviours such as, first: the omission of important

information; second, the use of redundant words, and third, the addition of

unnecessary information (see table 4.1.7.1b below for examples). The total score is

18/30. This score is based on an aggregate of the scores from 1-5 given as the overall

evaluation of acceptability in respect of each of the areas of linguistic challenge

mentioned in table 4.1.7.1a above.

The omission of

important information

The use of redundant

words

The addition of

unnecessary information

SLT TLT SLT TLT SLT TLT

The

following

documents

shall be

deemed to

form and be

read and

らわバゎر

…in the

conditions

of contract

hereinafter

referred to.

. . . ヶプ

The

following

documents

shall be

deemed to

form and be

read and

モんヨゎ

اレわジヨャدات

ゑΒェリョ ةΒャاわャا

モكゼャا

واヨツヨャون

ィزءً イわΑ Ιزأ

リョ هذا اヘゎΗاق

セروط هذا

ノΒヨィヶプ دボバャا

ヮゎراボプ.

اレわジヨャدات

ロاルواردة أدャا

ょヤタ اヘゎΗاΒホة

وホょイΑراءゎها

ا وΒジヘゎره

よإらわハارها

164

construed as

part of this

agreement.

construed as

part of this

agreement.

リョ ًزءィ

اヘゎΗاΒホة

Table 4.1.7.1b

4.1.7.1.1 A comparison of the respondents’ self evaluation of their competence

and their actual competence from English into Arabic

Table 4.1.7.1.1 below illustrates a comparison between the results of the

questionnaire presented to the legal translators and the results of the evaluation of

their translations from English into Arabic. It includes only the following areas:




d. Tense.

e. Modals, i.e. shall, will, must, may.

f. Punctuation and capitalization.

Areas of linguistic

challenge

Results of the

questionnaire

Results of evaluation of

translation


arrangements of articles

66.6% felt this contributes

little to difficulty of

translation.

Text layout fully retained

in TLT by majority (99%)

of respondents.

General legal terminology The majority (58.4%) The majority (68%)

165

think that this area poses a

little to a medium

contribution to the

difficulty of translation.

scored 0, 1, or 2 errors,

confirming that this area is

not of major difficulty.

Sentence structure The majority (79.2%)

think that this area

contributes little to the


The majority (76%)

scored 3, 4, 5, or 6 errors,

confirming that this area

poses a high level of

difficulty.

Tense The majority (83.4%)




The majority (77%)



not of major difficulty.

Modals, i.e. shall, will,

must, may

The majority (83.4%)







the easiest in translation.

Punctuation and

capitalization






scored 3, 4, 5, 6, or 7

errors, confirming that this

area poses the highest

level of difficulty.

Table 4.1.7.1.1

166

The comparison in the areas of text layout, i.e. preamble, arrangements of articles,

general legal terminology, tense, and modals, i.e. shall, will, must and, may, shows

an acceptable level of consistency between the respondents’ self evaluation of their

competence and their actual competence. On the other hand, the comparison in the

areas of sentence structure and punctuation and capitalization shows a high level of

inconsistency between the respondents’ self evaluation of their competence and their

actual competence. Such inconsistency might be a result of overconfidence in their

actual level of proficiency to produce accurate translation, or a natural desire to

protect their positions as well as their reputations in the business. In a worst case

scenario these findings could point to actual incompetence.

4.1.7.2 Arabic into English translation

Criteria and areas of

linguistic challenges

Differences from the

approved translation

Overall evaluation of

acceptability *


arrangements of articles,

sections, and subsections

9% of the participants

made 4 errors, 54% made

3, 13% made 2, 13% made

1, and 9% made 0. The

majority (63%) scored 3

or 4 errors, confirming

that this area poses a high


4

General legal terminology 4.5% of the respondents 2

167

made 13 translation errors,

4.5% made 12, 13.6%

made 11, 13.6% made 9,

22.7% made 8, 9% made

7, 9% made 6, 9% made 5,

4.5% made 4, and 9%

made 3. The majority

(90.4%) scored 4, 5, 6, 7,

8, 9, 11, 12, or 13 errors,


poses the highest level of

difficulty.

Sentence structure 4.5% of the respondents

made 12 errors, 4.5%

made 11, 13.6% made 9,

18% made 8, 18% made 7,

13.6% made 6, 4.5% made

4, 9% made 3, 9% made 2,

and 4.5% made1. The

majority (76.6%) scored 4,

6, 7, 8, 9, 11, or 12 errors,



difficulty.

2

Tense 13.6% of the respondents 3

168


made 4, 9% made 3,

31.8% made 2, 4.5% made

1, and 13.6% made 0. Half

of them scored 0, 1, or 2


area is of a medium level

of difficulty.

Modality 31.8% of the respondents


made 4, 13.6% made 3,

9% made 2, and 4.5%

made 1. The majority

(86.3%) scored 3, 4, or 5


area poses a high level of

difficulty.

2

Punctuation 36.3% of the respondents


made 3, 13.6% made 2,

and 13.6% made 0. The

majority (72.6%) scored 3

or 4 errors, confirming

that this area poses a high


2

169

Total 15 out of 30

* Overall evaluation of acceptability

1 = Incompetent Standard

2 = Unsatisfactory Standard

3 = Accepted Standard

4 = Professional Standard

5 = Highly Professional Standard

Table 4.1.7.2

Evaluation of the Arabic into English translations (Table 4.1.7.2) performed by the

22 participants indicates the following:

Text layout, i.e. preamble, arrangements of articles, sections, and subsections

made little contribution to the difficulty of translating commercial contracts

and agreements from Arabic into English. The majority (80%) of these

professional legal translators made 0-3 errors. This means that they retained

almost all these layout aspects in the TLT (target language text). The overall

evaluation of acceptability in this area scored 4 of a possible 5.

In general legal terminology, the majority (85.9%) of the translations indicate

that this area constitutes a major contributor to the difficulty of translating

commercial contracts and agreements from Arabic into English.

The sentence structure results indicate a high level of difficulty. In this area,

the majority (72.2%) encountered linguistic challenges.

170

The tense results show that the majority (59%) of the translations indicate

that this area does not constitute a major contribution to the difficulty of

translating commercial contracts and agreements from Arabic into English.

With modality, the majority (72.7%) encountered a high level of difficulty.

This means that transferring modality from Arabic into English is more

difficult than from English into Arabic.

In punctuational translations, the majority (72.6%) of participants

encountered a high level of difficulty. This means that it was not much less

difficult than transferring punctuation from English into Arabic.

171


competence and their actual competence from Arabic into English

Table 4.1.7.2.1 below illustrates a comparison between the results of the

questionnaire presented to the legal translators and the results of the evaluation of

their translations from Arabic into English. It includes only the following areas:




d. Tense.

e. Modality.

f. Punctuation.

Area of linguistic

challenges

Results of questionnaire Results of translation

evaluation


arrangements of articles





The majority (63%)

scored 3 or 4 errors,



difficulty.

General legal terminology The majority (70.8%)

think that this area poses a

high level of contribution

to the difficulty of

translation.


scored 4, 5, 6, 7, 8, 9, 11,

12, or 13 errors,


poses the highest level of

172

difficulty.

Sentence structure The majority (70.8%)





scored 4, 6, 7, 8, 9, 11, or

12 errors, confirming that

this area poses a high level

of difficulty.

Tense The majority (87.5%)




(49.9%) scored 0, 1, or 2


area is of a medium level

of difficulty.

Modality The majority (87.5%)








difficulty.

Punctuation The majority (87.5%)





scored 3 or 4 errors,



difficulty.

Table 4.1.7.2.1

Comparison in the areas of general legal terminology and tense shows an acceptable

level of consistency between the respondents’ self evaluation of their competence

and their actual competence. On the other hand, comparison in the areas of text

173

layout, i.e. preamble, arrangements of articles, sentence structure, modality, and

punctuation shows a high level of inconsistency between the respondents’ self

evaluation of their competence and their actual competence. The overall results

confirm that legal translation from Arabic into English poses a high linguistic

challenge for legal translators in Saudi Arabia.

4.2 Questionnaire 2: Legal Drafters

4.2.1 Research Design

The research was conducted in the form of a questionnaire survey to be completed by

legal drafters located in Jeddah, Saudi Arabia.

4.2.2 Methods and Data Collection

The questionnaire was distributed to twelve legal drafting specialized lawyers

working in Jeddah, Saudi Arabia. Only five responded and completed the

questionnaire. Four of them were working in law firms and one had his own

independent office.

After initial telephone contact, personal interviews were made with participants to

explain the aims of the research. The questionnaire had attached a Consent Form and

Information Sheet as per stipulations of the Human Research Ethics Committee of

the University of Western Sydney. All participants were assured of privacy and safe

storage of data collected. Two of the participants filled out the questionnaire during

the interview but the rest returned it within two weeks. The following table 4.2.2

illustrates the process:

174

Arrangement of

interviews

Number Comments

Telephone Contacts 12 Contact numbers were obtained from:

- A lawyer.

- Websites.

Accepted 8

Refused 4 - Busy and have no time.

- Not interested.

Successful Interviews 5

Unsuccessful Interviews 3 - They use Arabic language only in

their practice.

Table 4.2.2

4.2.3 Research Questions

The research questions of the thesis identified in Chapter 1 are as follows:


- What are the criteria, or what is the basis for selecting the prevailing language

version of a contract?

The empirical investigation consisted of eight questions given to legal drafting

specialized lawyers, concerning the drafting of legal document in general and

commercial contracts in particular, the criteria for or basis of selecting the prevailing

version of a bilingual contract (i.e. one language version is selected), and the

importance of working with legal translators throughout the process of legal

translation. They were asked for suggestions to improve the quality of legal

175

translation practice in Saudi Arabia as well as suggestions towards standardizing the

qualifications of legal translators in Saudi Arabia, for example, a system of

accreditation.

The questions were:

1) How many years have you been working as a legal drafter?

2) How important do you find collaboration between legal drafters and legal

translators when translating commercial contracts and agreements?

3) How much do the following need more collaboration between legal

translators and legal drafters when translating commercial contracts and

agreements? Please provide a rating from 1-5 for both.

Translation from English into Arabic ( )

Translation from Arabic into English ( )

(1= very little collaboration, 5=very much collaboration)

4) As seen in many cases of translated commercial contracts, one language

(Arabic or English) version of a translated commercial contract is selected as

the prevailing version instead of accepting both versions as legally valid in

the court of law in Saudi Arabia. As a legal drafter, please answer the

following questions:

a. How is the prevailing version decided?

b. Who can decide which version shall prevail?

c. Why are such decisions made?

d. What is your view of this practice?

5) How important do you think it is that legal translators have a certain level

of knowledge of the laws? Please provide a rating from 1- 5. ( )

176

(1= not very important, 5 = very important)

6. How do you find the quality of commercial contracts and agreements

translation practice in Saudi Arabia, please provide a rating from 1-5? ( )

(1= poor quality – 5 = excellent quality)

7) Do you have any suggestion to improve the quality of legal translation

practice in Saudi Arabia?

8) Do you have any suggestions about standardizing the qualifications of

legal translators in Saudi Arabia, e.g. a system of accreditation?

4.2.4 Results and Discussion Questionnaire 2: Legal Drafters

4.2.4.1 Description of years of experience

The findings from the first question indicate that the majority (60%) of respondents

have 15 to 18 years of experience as legal drafters and 40% have 25 to 30 years of

experience. These figures are consistent with the legal drafting of English language

contracts in Saudi Arabia as a modern practice, starting in the late seventies.

4.2.4.2 Collaboration between legal drafters and legal translators when translating

commercial contracts and agreements

The answer to the second question addresses one of the main research questions on

the effects of working with legal drafters on legal translation. The majority (60%) of

the respondents think that collaboration between legal drafters and legal translators

when translating commercial contracts and agreements is important, while 40% think

that it is very important.

177

4.2.4.3 The need for more or less collaboration between legal translators and

legal drafters when translating English into Arabic and vice versa

The answer to the third question specifies the level of need for collaboration among

legal drafters and legal translators when translating commercial contracts and

agreements from English into Arabic and vice versa. The rating is from 1 (Very little

collaboration) to 5 (Very much collaboration).

The results are shown in table 4.2.4.3 below:

English into Arabic Arabic into English Collaboration

f % f %

1 = Very little collaboration 0 0 0 0

2 1 20.0 0 0

3 0 0 1 20.0

4 3 60.0 2 40.0

5 = Very much collaboration 1 20.0 2 40.0

Total 5 100 5 100

Table 4.2.4.3

The results indicate that 20% of the respondents think that little collaboration is

needed when translating commercial contracts and agreements from English into

Arabic: 60% think that much collaboration is needed, and 20% think that very much

collaboration is needed. The majority (80%) of the respondents confirm that much

collaboration is needed when translating commercial contracts and agreements from

178

English into Arabic. They also indicate that 20% of the respondents think that a

medium level of collaboration is needed when translating commercial contracts and

agreements from Arabic into English. Forty percent think that much collaboration is

needed, and another 40% think that very much collaboration is needed. The overall

results show that both directions of translation (English into Arabic and vice versa)

present an equal level of need for collaboration among legal drafters and legal

translators.

4.2.4.4 Basis of selection of the prevailing version of a translated commercial

contract

The answer to the fourth question addresses one of the main research questions, the

basis of selecting the prevailing version of a translated commercial contract instead

of accepting both versions as legally valid in a court of law in Saudi Arabia. The

respondents were given four questions within this question. The results are illustrated

in table 4.2.4.4 below:

Questions to legal drafters Answers

How is the prevailing version decided? All respondents confirm that it is an

agreement between the parties of the

contract.

Who can decide which version shall

prevail?

The majority (80%) confirm that the

party with the upper hand decides. 20%

think that the legal drafter plays a very

important role in making such a decision.

Why is such a decision made? All respondents confirm that such a

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decision is made to avoid any dispute

arising out of an inaccurate translation.

What is your view of this practice? The majority (80%) confirm that it is a

good practice. 20% think that this issue

relies on the ability and experience of the

legal drafter to avoid any dispute by

ensuring that the translated version is

legally compatible.

Table 4.2.4.4

The overall results indicate that the prevailing version is decided by the consent of

both parties to a contract. The decision is mainly made by the party that has the

power over the contract, meaning the party which needs the service or the supply,

cannot decide the prevailing version. Such a decision is also made to avoid disputes

among parties arising out of an inaccurate translation. The majority of legal drafters

support such a practice.

4.2.4.5 The importance of having a certain level of knowledge in legal

translators

The answer to the fifth question specifies the level of knowledge of the laws that

legal translators need to have. The results indicate that all respondents, by giving the

highest rating of 5, confirmed that it is very important for legal translators to have a

certain level of knowledge of the laws in practice.

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4.2.4.6 The quality of commercial contract and agreement translation

practice in Saudi Arabia

The answer to the sixth question specifies the level of quality commercial contracts

and agreements translation practice in Saudi Arabia. The results show that the

majority (60%) of the respondents, by giving a rating of 3 out of 5, find that the

quality is within an acceptable but not professional standard, let alone a highly

professional standard.

4.2.4.7 Suggestions to improve the quality of legal translation practice in

Saudi Arabia

The answer to the seventh question provides suggestions to improve the quality of

legal translation practice in Saudi Arabia. The respondents were asked to provide

suggestions to improve the quality of legal translation practice. Twenty percent did

not answer this question, while 80% provided the following suggestions about what a

legal translator should have:

A legal drafting background.

Sufficient knowledge of legal terminology.

Sufficient job training.

Specialised translation courses.

A linguistic background in both languages.

3 to 5 years experience in legal translation.

Regular attendance at relevant workshops, seminars, and conferences.

Updated information on the latest trends of legal language.

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4.2.4.8 Suggestions towards qualifications of legal translators in Saudi Arabia, e.g.

a system of accreditation

The answer to the eighth question provides suggestions on the qualifications that

legal translators in Saudi Arabia should have, including a system of accreditation.

Again, 20% did not answer this question, while the remaining 80% provided the

following suggestions about what legal translators should have:

Mastery of the relevant languages.

An association that controls the practice of translation and has sole authority

to issue licences for the provision of legal translation services.

Sufficient experience in legal translation.

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Chapter 5:

Conclusion and Recommendations

5. Introduction

This chapter consists of two sections. The first section presents a summary of this

research and its findings. The second section provides recommendations for the

stakeholders of legal translation in Saudi Arabia, including the private sector, the

governmental sector, and practitioners, in response to SWOT (Current Strengths,

Weaknesses, future Opportunities, and Threats) and Stakeholder analyses. It conveys

implications for legal translation as well as suggestions and recommendations for

translation training. Finally, it explains the contribution of this study and suggests

directions for further research.

5.1 Summary of this research and its findings

5.1.1 Summary of the research

The main objective of this research was to investigate the following areas:

1. The differences and similarities between Arabic and English legal texts in terms of

structure and stylistic features, with special reference to translation practice in Saudi

Arabia.

2. The linguistic challenges encountered by legal translators throughout the process

of legal document translation.

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3. The effects of collaboration between legal drafters and translators on legal

translation and various stages of contract translation, i.e. from drafting to acceptance

of the translation as legally valid.

4. The reasons why one language version of a translated commercial contract

becomes the prevailing version, instead of accepting both versions as legally valid in

the court of law.

In order to achieve these objectives, this study addressed the following research

questions:


texts, in terms of structural and stylistic features?

2. What are the difficulties involved in the translation of legal texts in general

and contracts in particular?

3. What are the effects of working with legal drafters on legal translation?

4. What are the criteria for or the basis of selecting the prevailing version of a

contract?

Chapter 1 was an introductory chapter. It gave an overview of the background of the

study. Then, it presented the main objectives and the research questions. It also

explained the methodology adopted to provide answers for the questions addressed

by the study. It shed some light on the empirical part of the research as well as on the

data set and storage. Finally, it explained the layout and the limitations.of the study.

Chapter 2 presented the literature review. It investigated the written form of legal

language in both English and Arabic. Theoretical and practical studies were

reviewed, based on their contributions to legal language. The Chapter also shed some

light on both English and Arabic legal language development throughout the years.

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Then, it highlighted the differences and similarities between English and Arabic legal

texts in general and contracts and agreements in particular, in terms of syntactic,

semantic and stylistic features. Finally, it gave an overview of legal translation in

general, including the practice in Saudi Arabia.

Chapter 3 presented a contrastive linguistic analysis of various types of Arabic and

English legal texts, with a particular focus on commercial contracts and agreements.

It also provided an evaluation of translations of some samples of the data. The

purpose of this evaluation was to illustrate the importance of legal translators having

a sufficient knowledge of the structural and stylistic features of Arabic and English

legal texts.

Chapter 4 presented the empirical part of this study, which was conducted in the city

of Jeddah, Saudi Arabia, among professional legal translators and legal drafters. It

consisted of two sections: first, the study conducted among legal translators, second,

the study conducted among legal drafters.The first section analysed and discussed the

quantitative and qualitative results for the study conducted among legal translators.

The second section analysed and discussed the qualitative results for the study

conducted among legal drafters.

5.1.2 Summary of the findings

5.1.2.1 The structural and stylistic features of English and Arabic legal texts

This research presented a contrastive linguistic analysis of various types of Arabic

and English legal texts with a particular focus on commercial contracts and

agreements, to provide an answer for the research question concerned with the

differences and similarities between Arabic and English legal texts, in terms of

structural and stylistic features.

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First, the findings for grammatical features are summarized as follows:

1. English and Arabic legal language tends to use certain verb phrase groups such as

simple verbs (tense + aspect), infinitives, participles, and various complex groups of

modals.

2. In most cases, the use of present active frequently occurs in both English and

Arabic with some exceptions. The occurrence is shown in the following underlined

example:

Except where the context otherwise requires (رهاΒビ اقΒジャا ヂわボΑ ユャ اョ). However, in

some cases, Arabic uses the present passive instead of present active which is

used in English. The exception is illustrated in the following underlined example:

‘“Contract Agreement” means the contract agreement’ (ةΒホاヘゎها اよ دダボΑد وボバャة اΒホاヘゎا)

3. In most cases, perfect participles are used frequently in both English and Arabic,

but with some exceptions. The occurrence is illustrated in the following underlined

example:

“Except as stated hereunder”

(ヶヤΑ اヨΒプヮΒヤハ وصダレョ ا هوョ اءレんわシاよ)

However, there are some exceptions in Arabic to the use of perfect participles. For

instance: the present active, such as أي ノプهادة دセدسレهヨャدرها اダΑ (Any certificate of

payment issued by the Engineer); the simple past, such as اヨد آボバャا ヶプ ورد (As stated in

the Contract); the past passive, such as دボバャا ヶプヶヨシゾガセ أي(Any person named in the

Contract); or the present passive, such as هاよ رادΑ ヶわャات اレΒاآヨャا (The machinery intended

to).

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4. When there is an English conditional clause starting with ‘if’ followed by the

present active, Arabic uses the past simple in all cases, as shown in the underlined

examples below:

‘If any loss happens to the works’ (ارةジカ الヨハΕا ペエャ إذا); and ‘If the Contractor fails

to’ (ヶプ اولボヨャا ペヘカإذا أ).

5. As to the use of modality, it appears that when the English modal is followed by a

present active form of the main verb, Arabic retains the modal element, with some

exceptions, such as: ‘The Contractor shall keep the Site free’ ( ナヘわエΑ اول أنボヨャى اヤハ

カノホاΒャاよاヨャو ). The exceptions to the above are, for instance, when Arabic does not use a

modal element, such as モヨエわΑ ةΒャوゃジヨャاول اボヨャة اヤョكاャا (The Contractor shall take full

responsibility).

6. In addition to these exceptions, Arabic legal language also does not use the modal

element in certain cases such as the following:

- When the English modal is followed by a future passive form of the main verb or

future passive + present perfect, e.g. ‘All samples shall be supplied by the

Contractor’ ( ボヨャاولボゎدم اレΒバャات リョ ا );

- When the English modal is followed by the verb ‘be’ + adjective, e.g. ‘The

Contractor shall be responsible for’ ( リハ اولボヨャأل اジΑヶゎΓا );

- When the English modal is followed by the verb ‘be’ + prepositional phrase, e.g.

‘Such security shall be in such form’ (ذيャا モكゼャان اヨツャذ هذا اガわΑ).

These examples indicate that there are cases of deviation from the norms of using

modality elements in Arabic legal language of contracts. Depending on the level of

obligation embedded in the sentence, Arabic uses active and passive forms of the

present tense for various verbs.

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Second, the findings for textualization are summarized as follows:

1. Archaic words and expressions are used in both English and Arabic legal texts.

Examples of such in English are: ‘Witnesseth’, ‘In Witness whereof’, and

‘Notwithstanding’. In Arabic, the examples are: ( ヮكヤョヶプ اريイャرة, اィؤヨャا リΒバャا );

2. There are technical terms and expressions restricted to legal language such as:

Tender, Consequential Damages, and The contract agreement ( , اッΕراراらわわシΗاΒハة, اトバャاء

;(ホرارات resolutions) or used with a specific sense in the legal domain ,(إヘゎاΒホة اボバャد

3. Collocations are commonly used in English and Arabic legal texts. Examples of

the occurrence of equivalent collocations in both English and Arabic are: Terms and

conditions, Settlement of dispute, and Enter into a contract (كامェΕروط واゼャة , اΑوジゎ

;( ボハداらΑرم ,اレヨャازハات

4. There are cases when Arabic collocates but its English counterpart does not, and

vice versa. Examples of these are: Expropriation (ةΒكヤヨャزع اル), Lien (اريボハリره), and In

absentia (اΒよاΒビ); and

5. Binomials also are used in both English and Arabic legal texts. Clear examples of

such are:

-The Contractor shall be deemed to have inspected and examined the site ( رأنらわバΑ

ノホوヨャا ゾエプو リΑاハ دホ اولボヨャا); and

-All other circumstances which may influence or affect his Tender ( رىカΕروف اヌャا モآ

ヮジヨゎ أو ヮもاトハ ىヤハ رをؤゎ دホヶわャا).

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5.1.2.2 The difficulties in translating legal texts

This research also conducted an empirical study to provide an answer for the

research question concerned with the difficulties involved in the translation of legal

texts in general and contracts in particular.

It investigated the linguistic challenges involved in the translation of legal texts in

general and contracts in particular. The level of difficulty encountered by the

translators when translating legal texts compared to other types of text was high:

13% thought that legal translation is very easy while 21.7% thought that other text

types are easier. The majority (34.8%) confirmed a level of difficulty from level 3

onward. At the highest level of difficulty, 5, 4.3% of the respondents found that legal

text translation is very difficult in contrast to the translation of other texts. The

overall results indicate that translating legal texts is far more difficult compared to

the translation of other texts.

In the comparison of the level of difficulty between the translation of legal texts from

Arabic into English and vice versa, the translators who found that translation of legal

texts from Arabic into English very easy constituted 8.3%, while the translators who

found the translation of legal texts from English into Arabic very easy constituted

37.5%. The translators who found that translation of legal texts from English into

Arabic very difficult constituted 0%, while the translators who found the translation

of legal texts from Arabic into English very difficult constituted 4.2%. The overall

results indicate that the majority of translators find translation of legal texts from

Arabic into English is more difficult than the translation from English into Arabic.

The main reasons for this might be that the native language of the translators is

Arabic, and that they lack sufficient second language acquisition in general and legal

language in particular.

As for the frequency of translation of various types of legal text, the results indicated

that 62.5% of the translators often translate commercial contracts and agreements

and 37.5% very often translate these texts. The highest rate (58%) was for the

translation of personal documents, i.e. birth, marriage, and school, as the translators

very often translated these types of legal text. For administrative and organizational

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documents, i.e. minutes of meetings, rules and regulations, and business letters,

66.7% of the translators often translated these types of legal text, while 33.3% very

often translated these texts. The lowest rate of practice was for political agreements

and treaties; 33.3% of the translators often translated these types of texts, while only

4.2% very often did the same.

The overall results confirmed that the most often translated types of legal text in

Saudi Arabia are: first, personal documents, i.e. birth, marriage, and school; second,

commercial contracts and agreements; third, administrative and organizational

documents, i.e. minutes of meeting, rules and regulations, and business letters.

As for the level of importance given to the translation of different types of

documents or agreements, the results indicated that 54.2% of the translators found

the translation of commercial contracts and agreements to be very important, while

4.2% found it not to be very important. The second type of legal text that was very

important was legislation, constitutions, and court pleadings (37.5%). The lowest rate

of importance was given to the texts of administrative and organizational documents,

i.e. minutes of meeting, rules and regulations, and business letters (16.7%). This

overall lower result seems contrary to the realithy that inaccurate translation of these

documents can have a serious impact on the people involved in these businesses or

organizations, and also that every legal document ought to be treated equally in terms

of importance, as it affects the rights and duties of every party involved in such

documents.

As for the level of difficulty in translating commercial contracts and agreements

from English into Arabic and vice versa, the results indicated that 33.3% of the

translators found translation of commercial contracts and agreements from English

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into Arabic very easy, while 37.5% selected it as a second level of difficulty, and

4.2% found it very difficult. In contrast, 12.5% found the translation of commercial

contracts and agreements from Arabic into English very easy, while 79.2% found it

moderately difficult, and 8.3% found it very difficult.

The overall results confirm that the majority of translators found translation of

commercial contracts and agreements from Arabic into English more difficult than

translation from English into Arabic. The main reason for this might be a lack of

sufficient command of English legal language, and less consultation with legal

English experts.

The empirical study also investigated the difficulties involved in the translation of

culture-specific legal terms. As for the contribution to the difficulty of translating

commercial contracts and agreements from English into Arabic, the results indicated

that 75.0% of the translators found punctuation and capitalization contributed very

little to the difficulty of translating commercial contracts and agreements, while

45.8% found that text layout, i.e. preamble, and arrangements of articles, contributed

very little to the difficulty of translation. The areas of tense and modals such as shall,

will, must, and may contributed to an equal level of difficulty in the translation of

commercial contracts and agreements, (41.7%). The lowest percentage in this level

of difficulty was for the translation of culture-specific legal terms (8.3%), while the

highest (very big contribution) was 25.0%.

The overall results confirmed that; the translation of culture-specific legal terms

contributes most to the main difficulty experienced by the translators, followed by

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general legal terminology, text layout, and finally tense, modals, punctuation,

capitalization, and sentence structure.

As for the contribution to the difficulty of translating commercial contracts and

agreements from Arabic into English, the results indicate that 70.8% of the

translators found that punctuation and capitalization contributed very little to the

difficulty, while 58.3% found text layout did the same. The areas of tense and

modals such as shall, will, must, and may, contributed equally little difficulty in the

translation of commercial contracts and agreements (50.0%). The lowest percentage

(16.7%) was for the translation of culture-specific legal terms and general legal

terminology.

The highest rate of contribution to the difficulty of the translation of commercial

contracts and agreements from Arabic into English was for general legal terminology

(25.0%), while the translation of culture-specific legal terms and text layout, i.e.

preamble, and arrangements of articles had an equal percentage of 20.8%.


terminology constituted the most significant contributors to the difficulty of

translating commercial contracts and agreements from Arabic into English and vice

versa. Also, that legal translation from Arabic into English constituted more of a

challenge for the translators than translation from English into Arabic.

As for the different methods used to overcome difficulties in translating commercial

contracts and agreements from English into Arabic and vice versa, the results

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indicate that 87.5% of the translators resorted to using dictionaries, 66.7% requested

help from colleagues, 62.5% used parallel texts, 41.7% consulted legal drafters, and

37.5% used Internet websites.

This clearly indicates some of the reasons for cases of inaccuracy in the translation of

legal texts, as dictionaries can only provide an interpretation of legal terms or phrases

that can take no account of the text as a whole. However, they cannot provide an

overall interpretation of a legal text, as this can only be interpreted by its legal

drafters. For example, in cases of long legal sentences, which can, sometimes,

constitute a whole paragraph with punctuation marks, dictionaries are not of much

help.

Furthermore, the translators were also given two text samples of standard and

approved contracts from English into Arabic and vice versa for translation. As for the

evaluation of the translations from English into Arabic, the results indicated that in

the areas of text layout, i.e. preamble, arrangements of articles, sections, and

subsections, the majority of legal translators fully retained all these layout aspects in

the TLT (target language text). In the area of general legal terminology, the majority

confirmed that this area does not constitute a major contributor to the difficulty of

translating commercial contracts and agreements. In the area of sentence structure,

the majority encountered linguistic challenges, and in the area of tense, the majority

indicated that this area does not constitute a major contribution to the difficulty of

translating commercial contracts and agreements. As to the usage of modals, i.e.

‘shall’, ‘will’, ‘must’, and ‘may’, the majority found it the easiest in translation,

while in the area of punctuation and capitalization, the majority encountered the

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highest level of linguistic challenges. The overall evaluation of the translations

showed that there were various linguistic behaviours such as the omission of

important information, the use of redundant words, and the addition of unnecessary

information. These behaviours contributed largely to the inaccuracy of legal

translation.

This was followed by a comparison of the translators’ self evaluation of their

competence and their actual competence from English into Arabic, which included

the areas of text layout, i.e. preamble, arrangements of articles, general legal

terminology, sentence structure, tense, modality, i.e. shall, will, must, and may,

punctuation and capitalization.

The results showed that in the areas of text layout, i.e. preamble, arrangements of

articles, general legal terminology, tense, and modals, i.e. shall, will, must and, and

may, there was an acceptable level of consistency between the translators’ self

evaluation of their competence and their actual competence. In contrast, comparisons

in the areas of sentence structure, punctuation and capitalization showed a high level

of inconsistency between the translators’ self evaluation of their competence and

their actual competence. Such inconsistency might be a result of overconfidence in

their actual level of proficiency to produce accurate translation, or perhaps a case of

actual incompetence, or to protect their positions as well as their reputations in the

business.

As for the evaluation of the translations from Arabic into English, the results

indicated that in the areas of text layout, i.e. preamble, arrangements of articles,

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sections, and subsections, the majority retained all layout aspects in the TLT. In the

areas of general legal terminology, sentence structure, and punctuation, the majority

confirmed that these areas constituted a major contributor to the difficulty of

translating commercial contracts and agreements. In contrast, the majority confirmed

that the area of tense does not constitute a major contributor to the difficulty. The

results confirmed that transferring modality from Arabic into English is more

difficult than transferring it from English into Arabic. Also, transferring punctuation

from Arabic into English is not much less difficult than transferring it from English

into Arabic.

This was followed by a comparison of the translators’ self evaluation of their

competence and their actual competence from Arabic into English, which included

the areas of text layout, general legal terminology, sentence structure, tense, modality

and punctuation. The results showed that in the areas of general legal terminology

and tense there was an acceptable level of consistency between the translators’ self

evaluation of their competence and their actual competence. In contrast, comparisons

in the areas of text layout showed a high level of inconsistency between the

translators’ self evaluation of their competence and their actual competence. Such

inconsistency might be a result of overconfidence in their actual level of proficiency

to produce an accurate translation, or perhaps a case of actual incompetence, or to

protect their positions as well as their reputations in the business. The overall results

confirmed that legal translation from Arabic into English poses a high linguistic

challenge for legal translators in Saudi Arabia.

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5.1.2.3 The effects of collaboration between legal drafters and translators

The study investigated the collaboration between legal translators and legal drafters,

including the effects of working with legal drafters on legal translation, to provide an

answer for the research question, which is concerned with the effects of working

with legal drafters on legal translation.

As for legal translators, the results for the collaboration between legal translators and

legal drafters when translating commercial contracts and agreements indicated that

66.7% of the translators found collaboration between legal translators and legal

drafters when translating commercial contracts and agreements to be very important;

29.2% of whom found it to be important, while 4.2% considered that it was not

important.

The overall result confirmed that the majority of legal translators in Saudi Arabia

found collaboration between legal translators and legal drafters when translating

commercial contracts and agreements very important.

The results for the needs for greater or less collaboration between legal translators

and legal drafters when translating commercial contracts and agreements from

English into Arabic and vice versa indicated that 4.2% of the translators had the

lowest level of need for collaboration when translating from English into Arabic. The

majority (58.4%) needed collaboration. In contrast, 4.2% of the translators have the

lowest level of need for collaboration when translating from Arabic into English. The

majority (54.2%) of the translators needed more collaboration with legal drafters

when translating from Arabic into English.

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As for legal drafters, the majority held that collaboration between legal drafters and

legal translators when translating commercial contracts and agreements to be

important, while 40% found it to be very important. As to the comparison between

the levels of collaboration when translating commercial contracts and agreements

from English into Arabic and vice versa, the majority confirmed that much

collaboration is needed when translating from English into Arabic, while 20%

confirmed that very much collaboration is needed. In contrast, the majority

confirmed that much collaboration is needed when translating from Arabic into

English, while 40% confirmed that very much collaboration is needed. The overall

results showed that both directions of translation (English into Arabic and vice versa)

present an equal level of need for collaboration among legal drafters and legal

translators.

The study also investigated, among legal translators and drafters, the quality of legal

translation and the required qualifications of legal translators. As to the quality of

legal translation practice in Saudi Arabia, the majority of the translators suggested

that legal translators should have a reliable list of legal terminology and cultural-

specific terms, more cooperation between legal translators and legal drafters,

translation associations which can conduct translation exams and issue certificates,

legal guides or dictionaries that have the most difficult legal terminology on the

unique inheritance issues that exist in Islamic law, training courses in legal

translation, extensive reading of many translated legal texts, institutions specialized

in legal translation, access to websites for professional legal translators, as well as

translation forums, access to periodicals that update the latest trends in legal

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translation, a good command of legal language in both SL and TL, and an improved

system in the management of translation business.

As to the qualifications of legal translators in Saudi Arabia, including a system of

accreditation, the majority of the translators suggested that an institution specialized

in legal translation should be established. Each translator working in the field of legal

translation should be tested and accredited individually. There should be more

courses and training in the field of legal translation, legal translators should obtain a

certificate from the Ministry of Justice in order to practise the profession, and

specialized courses in legal writing should be conducted. Establishing a system of

accreditation that promotes having a certain level of knowledge of various laws in

order to practise legal translation was recommended, as well as establishing more

specialized legal translation businesses. Also, courses in legal and business

terminology should be offered periodically. Accreditation should be granted to

highly qualified translators, and specialized training made available in the form of a

postgraduate diploma or masters degree in the field of legal translation.

As to the quality of commercial contract and agreement translation practice in Saudi

Arabia, the results confirmed that the quality is within an acceptable but not

professional standard, let alone a highly professional standard.

As to improvement of the quality of legal translation practice in Saudi Arabia, the

majority of legal drafters suggested that legal translators should have a legal drafting

background, a sufficient knowledge of legal terminology, sufficient job training,

specialised translation courses, a linguistic background in both languages, three to

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five years’ experience in legal translation, regular attendance at relevant workshops,

seminars, and conferences, and updated information on the latest trends in legal

language.

As to the qualifications of legal translators in Saudi Arabia, e.g. a system of

accreditation, the majority of legal drafters suggested that legal translators should

have a mastery of the relevant languages and sufficient experience in legal

translation ahead of practice. They also suggested the establishment of an association

that controls the practice of translation and has the sole authority to issue a licence to

provide legal translation services.

5.1.2.4 The prevailing of one language version of translated contracts

There was also an investigation among legal drafters to provide an answer to the

research question concerning the criteria for or basis of selecting the prevailing of

one language version in translated contracts. The results confirmed that the

prevailing version is decided by the consent of both parties of a contract. The

decision is mainly made by the party which has the power over the contract, which

means that the party in need of the service or the supply cannot decide the prevailing

version. Such a decision is also made to avoid disputes among parties arising out of

an inaccurate translation. The majority of legal drafters support such practice.

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5.2 Recommendations

This section presents the current strengths, weaknesses, future opportunities, and

threats (SWOT) of legal translation in Saudi Arabia. It also presents the needs of the

relevant stakeholders such as the private sector, the governmental sector,

universities, and practitioners. It includes implications for legal translation as well as

suggestions and recommendations for translation training. Finally, it explains the

contribution of this study and suggests directions for further research.

5.2.1 SWOT analysis

The current strengths, weaknesses, future opportunities, and threats of legal

translation practice in Saudi Arabia are illustrated in Table 5.2.1 below.

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Current Strengths Economic boom from late seventies from

soaring oil prices.

Resurgence in recent years.

Consequent high trading activity locally and

internationally.

Impact on legal translation for contracts and

agreements made between local and

international companies.

Bilingual versions required.

Growing individual demand for translation of

personal legal documents: educational,

marriage, birth, and identification certificates.

Not only from local demand but also from

continuing thousands of overseas scholarships

granted by Saudi government.

Weaknesses The current practice of legal translation does

not meet the high demands as required, i.e. the

high level of demand affects the quality of

supply. Translators are overloaded with orders

and, consequently, provide poor production.

Future Opportunities The market demand for legal translation is

growing day by day. National and multinational

companies are establishing businesses and

making contracts and entering into agreements

on a daily basis. Also there is growing

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academic communication between local

universities and abroad.

Threats The main threats against legal translation are:

- Where translation is performed

mostly by unqualified translators.

- The non-existence of an

accreditation organization that

controls the practice.

- Practice by unlicensed translators.

Table 5.2.1

5.2.2 Stakeholders

The stakeholders of legal translation in Saudi Arabia are:

1. The private sector, which includes national and multinational companies and

individuals. This sector is provided with the service of legal translation either by

employing a fulltime translator, resorting to law firms that provide a service which

might be trustworthy in terms of quality, or using the service of freelance translators.

2. The governmental sector includes:

-The Bureau of Experts at the Council of Ministers. This bureau established

its own official translation department. According to the Bureau of Experts,

the tasks of this department include the translation, from Arabic into many

languages, of all approved laws and regulations issued by the Government,

treaties, agreements, and international conventions in which the Kingdom is a

party, correspondence exchanged between the Custodian of the Two Holy

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Mosques, His Highness the Crown Prince, and His Highness the Second

Deputy of the President of the Council of Ministers, and the Heads of State

and leaders of other countries, and statements as well as official stands and

declarations issued by the Custodian of the Two Holy Mosques, by His

Highness the Crown Prince, and by His Highness the Second Deputy of the

President of the Council of Ministers

(http://www.boe.gov.sa/English/aboutus.html, 2009). It also standardizes the

transliteration of proper names, when written in foreign languages, such as

name of persons and places, as well as the translation of names of

governmental and non-governmental bodies, and sets standards for

translation and specifying the approved dictionaries. This way of dealing with

legal translation can be a model, as it illustrates the importance of the quality

of legal translation.

- The Ministry of Defense and Aviation, the Ministry of Interior, the Ministry

of, Saudi Aramco, Saudi Airlines, and some other major organizations have

their own translation departments. However, the biggest of all is the Bureau

of Experts, at the Council of Ministers’ Official Translation department.

3. The universities and colleges. In some of them, there are translation units that

provide in-house translation services. On the other hand, academic translation

training programmes are conducted at various levels, from undergraduate to

postgraduate. This research provides an understanding of the current situation of

legal translation in Saudi Arabia that is of relevance to these programmes, and could

inform guidelines for designing their curricula, taking into consideration both the

difficulties encountered by legal translators and market demands.

203

http://www.boe.gov.sa/English/aboutus.html

5. The practitioners are the translators in practice, encountering an array of

linguistic challenges.

5.2.3 Recommendations for stakeholders

The stakeholders having been specified above, the following are recommendations

for each of them.

Recommendation 1

That the private sector employ fulltime translators to ensure quality of the

translation, so these translators will be fully acquainted with the activities, rules, and

regulations of the organization. Also, the translators should be provided with on-the-

job training.

Recommendation 2

That the government circulate all the works performed by the translation department

of the Bureau of Experts at the Council of Ministers among the governmental

organizations and the private sector. The works should include all translations of the

approved laws and regulations issued by the Government, treaties, agreements,

international conventions, standardized transliteration of proper names, and

translation of names of governmental and non-governmental bodies. Such action will

enhance translation practice as it provides standardisation in using legal terminology.

204

It is also recommended that the government establish an accreditation body in Saudi

Arabia that provides clear control of who can practice translation, on an objective

basis. Such a body or organization could adopt a system similar to that of The

National Accreditation Authority for Translators and Interpreters in Australia

(NAATI), instead of the current practice, by which the Ministry of Commerce issues

a translation license based mainly on educational certificates. According to NAATI

(http://www.naati.com.au/at-index.html, 2009) the accreditation may be obtained in

five ways:

Passing the NAATI accreditation test.

Successful completion of a course of studies in translation and/or interpreting

at an Australian institution approved by NAATI.

Providing evidence of a specialised tertiary qualification in translation and/or

interpreting obtained from an educational institution overseas.

Providing evidence of membership of a recognised international translating

and/or interpreting professional association.

Providing evidence of advanced standing in translating or interpreting.

Such action will ensure quality of practice, as every practitioner should obtain

accreditation before starting to offer their services.

Recommendation 3

That the universities conduct academic courses in translation that are based on

meeting the demands of the contemporary market. It is also recommended that

translation should be treated like other fields of science such as medicine and

engineering: it is unrealistic to expect translators to be experts in all various fields.

205

http://www.naati.com.au/at-index.html

For instance, in the field of medicine there are pediatricians, cardiologists, and

dermatologists; in engineering, civil engineers, mechanical engineers, and architects.

Accordingly, there should be legal, medical, technical (including science,

technology, and engineering), literary and journalistic translators. The reason for this

is that high quality translation in specialized fields cannot be achieved by generalist

translators.

However, due to the high demand for translation and the limited number of

professional translators available in the market, this research proposes that a

translator could specialize in two related fields, such as literature and journalism or

law and administration, engineering and technology, medicine and science.

Based on the suggestions mentioned above, effective courses of translation could be

conducted successfully according to the following conduct outlined in Table 5.2.3.

Subject Shortcoming Recommended Solution

Technical, journalistic,

religious texts

The problem that might be

encountered by students is

having the information and

the knowledge required to

translate these various types

of text. Translation beginners

often do not know where to

find the relevant information,

i.e. they are rarely aware of

The syllabus shall impart

awareness in terms of:

1. The diversity of

genres.

2. The research involved.

3. The decisions made by

the translator when

processing the text.

As for the introduction

206

all the research involved in

the process of translating.

of technical areas,

informative texts are a

good option. Also

articles from

encyclopedias provide a

good starting point.

Similar articles in the

target language

encyclopedias will prove

helpful but might not

solve all problems.

Students have to become

acquainted with the

subject they are

translating by means of

other texts on similar

topics. An article from a

specialized publication,

such as an art or

architecture magazine,

raises some technical

problems. Reference to a

certain technique or style

will make students read

specialized manuals, as

207

well as consult artists or

architects. Different

students will certainly

resort to different

sources. This provides

them with a good

opportunity to exchange

information or reference

sources available. A

journalistic text on a

general topic can be a

starting point, as its

problem lies mostly on a

lexical level. This genre

may employ colloquial

language with some

idiomatic and slang

expressions. The usual

mono- and bi-lingual

dictionaries can solve

most of the problems as

long as the students are

acquainted with the use

of dictionaries and the

library resources.

208

An argumentative

religious text can present

a great number of

references to religious

books as well as

quotations, but most of

these would be rendered

as accepted translations

in the target language.

Sharing the information

obtained will soon turn

classes into workshops

and students will feel

free to bring up their

options for group

discussion instead of

expecting a correct

answer from the

instructor.

All texts presented to

students shall be graded

according to the level of

research required.

Students shall work on

the texts that require

209

research, which ranges

from basic reference

sources, such as mono -

and bi-lingual

dictionaries, to

specialized sources, such

as glossaries, manuals,

and parallel texts.

Legal texts Legal texts are not different

from other fields, except for

the material presented to

students and also the adopted

translation procedure, which

shall be as literal as possible:

i.e., every word has to be

translated very accurately and

precisely due to the nature of

legal texts, where rights and

duties shall be fulfilled as

required.

At the beginning, the

students shall be

presented with simple

legal documents such as

certificates of birth,

marriage, and education.

Then, they move into

resolutions such as

Untied Nations

resolutions, where they

learn certain styles in

translation of such

resolutions, e.g. the

preambles of these

resolutions and

conclusions. After that,

they will be presented

210

with simple contracts,

such as leasing and

rental contracts for

housing units. Then, they

move to bigger contracts,

such as construction and

project agreements. At

this stage they will be

familiar with the legal

jargon and phraseology

of the contracts. The

important thing about

construction contracts is

that they have almost the

same articles, i.e. there is

a kind of standardization

except for some specific

details. However, they

are moderately difficult

and need research for

reference sources and

parallel texts. This also

requires consulting with

the drafters of such

contracts, wherever

211

possible. Then, they may

work on some

agreements and treaties

of a political nature. The

most important thing for

Arabic translation

students is that they shall

be informed that

although the translation

of legal documents

should be literal or word

for word translation, the

structure of Arabic legal

documents is different

from that of English, i.e.

the legal English

sentence always starts

with noun, i.e. nominal,

but when translating

such sentences into

Arabic, it is always

verbal. For example:

‘The first party

undertakes to submit . .

. ’ The Arabic translation

212

shall be as ‘ رفトャزم اわヤΑ

This is one of the .’اΕول

basic rules that Arabic

translators shall follow in

translating legal texts,

i.e. never start a sentence

with a noun but rather

with a verb; except in

some cases of modality,

where the clause starts

with a preposition such

as ‘اول أنボヨャى اヤハ’ , and

cases of the preambles of

the United Nations

resolutions, where the

first sentence begins with

a nominal sentence such

as ‘モΒもراシر وأダョ إن’.

However, this is not

limited to United Nations

resolutions, but also

includes the Arab league

or the preambles of

different countries. The

aim is to show legal

213

translation students that

various legal documents

have different structural

features that have to be

observed.

Table 5.2.3

In addition, the following teaching suggestions are recommended:

The first step in all translation exercises is to analyze the communication situation or

ask the students to analyze it at least during the first part of the course. Some obvious

questions are:

Who is the author (identity, field of expertise, function, status, etc.)?

Who are the readers, or who does the translator assume them to be?

Who are the translator’s readers?

On the basis of available information, what is the likely message the author

wishes to send across to the readers?

Sometimes this information is explicit in the context surrounding the translation task

itself and sometimes not, in which case students have to make assumptions. Students

shall be told that professional translators need such task-related information or

assumptions to guide their decision-making throughout the process of translation.

Once the communication context has been established, the teacher can refer to it

repeatedly.

214

Upon monitoring or correcting student’s translation exercises, comments shall be

made not only on linguistic or information questions, but also, whenever possible, on

communication-related issues. Also, students should be made aware of the relative

merits of their choices of words and structures, with respect not only to general

stylistic criteria, but also to the aim of serving the client in achieving the desired

effect in the specific communication situation. For instance, when translating for a

British client, it is better not to use purely American idioms and figures of speech.

Also, spelling should follow British English rather than American usage.

When a student makes an inappropriate choice, it is better to question the choice in

the context of the particular communication situation, rather than simply indicating a

preferable alternative. The following questions illustrate the idea:

How do you think the reader will react to that?

Do you think that the term X will be easier to understand than the term Y?

Do you feel the author would recognize the idea as you have interpreted it,

with the particular connotation contributed by the term Z?

Recommendation 4

That the practitioners of legal translation should have:

1. A very extensive knowledge of the linguistic and stylistic features of both the SL

(source language) and TL (target language). Such knowledge of SL is required to

enable the translator to make a clear understanding of all explicit or implicit

intentions in the SL text. On the other hand, knowledge of the TL linguistic and

215

stylistic features is required, to enable the translator to put that understanding of the

SL text into a form that is acceptable in the TL.

2. Sufficient knowledge of the field, i.e. the subject to be translated: in the case in

hand, this being legal terminology. This is the most important knowledge that a

translator should have, beside the previously stated knowledge.

3. Creative ability to provide access to the original work and reconstruct a new

linguistic existence of the original text. Translation is not just an activity of

reproduction but is one of creation.

4. Knowledge of both the SL and TL cultures.

5. Writing skills: since writing constitutes a major part of the translation process, in

which the translator restructures the original text in another language.

In addition, the following guidelines may be helpful for translators in dealing with

legal texts:

Legal documents that require a translation may have been written in a

different time or place, with the original writers unavailable to indicate what

they really meant. Therefore, any answers to be obtained must come from the

people who provided the document. It is preferable to establish who prepared

the document, for what purpose, who wants it to be translated, and for what

purpose.

A law firm may suddenly find that it needs 500 pages to be translated within

five days. For such a project, no-one at the firm may be available to answer

questions about the documents. For a series of documents, one will want to

decide which words will be used, especially technical words. One large

document may be split into sections and the sections assigned to different

216

Certain agencies may have their own style preference that may be expressed

in a written style sheet or book. While style may deal with questions of

format, it usually concerns editorial conventions such as the placement of

commas, preferences for the use of “which” or “that”, capitalization, use of

numbers, placement of titles and page numbers. A translator should ask if

there is a style sheet to be used and may request a copy of it. A translator may

need to make up some rules, because no style sheet or book will cover all

situations. The goal for any document is to be consistent. Having one’s own

standard style sheet, several pages of instructions, saves time and prevents

constantly repeated decisions on the same issue. For a legal document,

everything on the original page should be on the translated page. This

includes letterheads, logos, time stamps, signatures, underlining, and other

marks. Some translators add footnotes. The footnote is sometimes difficult to

217

Finally, successful translators shall extend their knowledge of the languages

and the subjects of their translation to overcome the linguistic challenges.

This will be achieved by seeking to improve productivity through reading

relevant books, magazines, journals, lectures, and searching the Internet.

5.2.4 Contributions of this study

The contributions made by this study are as follows:

First, it is the first comparative study of Arabic and English legal language and legal

translation in the Arabian Gulf states in general, and in Saudi Arabia in particular.

Second, this study is the first to present a contrastive linguistic analysis of the

structure and style of both Arabic and English legal language in general and the

language of contracts in particular. This contribution provides a solid foundation for

legal translators: i.e., an understanding of the nature of legal texts before starting the

translation process.

218

Third, it has conducted the first empirical study on the practice of legal translation in

Saudi Arabia. This consisted of two questionnaires that involved not only legal

translators but also the drafters of legal texts. They were uniquely designed to tackle

the exact linguistic difficulties encountered by legal translators, and the solutions to

overcome such difficulties. The perceived competence of legal translators and their

actual competence were also examined in order to outline actual shortcomings in

practice.

Fourth, this study was the first to tackle the linguistic phenomena of contracts, and

simultaneously, to formulate implications for the translation of legal texts in general

and contracts in particular.

Fifth, it provided suggestions for the stakeholders of legal translation in Saudi

Arabia. These suggestions included a review of the current situation in respect of

strengths, weaknesses, opportunities and threats; solutions, translation training in

general, and legal translation in particular.

5.2.5 Directions for further research

The focus of this study was mainly, as a comparative approach, on the language of

English and Arabic contracts and their translations. Further studies could tackle the

language of French and Arabic contracts or any other legal document by using the

same methodology of this study.

Other areas that could be researched on a wider scale are the translations of culture-

specific legal terms, court orders and rulings, and the governmental laws and

regulations.

219

Finally, it is possible to conduct similar studies in other countries by adapting the

two questionnaires designed for this study, to tackle the linguistic challenges and the

shortcomings of the practice of legal translation internationally.

220

Bibliography

Abu Zahra, A. (1996). almilkeya wa nazariat alaqd. Cairo: Dar Al-Fikr Alarabi.

Abu-Ssaydeh, A. (1991). A Dictionary for Professional Translators. Babel, 37(2), 65-

74.

Aghnides, N. (2005). Islamic Theories of Finance. With an Introduction to Islamic

Law and a Bibliography. USA: Gorgias Press.

Al-Adnani, M. (1984). A Dictionary of Common Mistakes in Modern Written Arabic.

Beirut: Librairie du Liban.

Alcaraz, E. and Hughes, B. (2002). Legal Translation Explained. Manchester, UK:

St. Jerome Publishing.

Ali, Y. (1990). The Holy Quran: English translation of the meanings and

Commentary. Medinah Munawwra, KSA: King Fahd Complex.

Alkhuli, M. (1999). Comparative Linguistics: English and Arabic. Jordan:

DarAlfalah.

Al-Susuwah, A. (2002). (Contemporary Standard Arabic [in Arabic]. Cairo: Dar

Ghareeb.

Altay, A. (2002). Difficulties encountered in the translation of legal texts: the case of

Turkey. Translation Journal and the Author.

Asensio, R. M. (2003). Translating Official Documents. Manchester, UK: St.

Jerome.

Badawi, E., Carter, M., and Gully (2004). Modern Written Arabic: A Comprehensive

Grammar. London: Routledge.

221

Badr, G. (1978). Islamic Law: its Relation to Other Legal Systems. American

Journal of Comparative Law, 26, 4-192.

Baker, M. (1992). In Other Words: a Course book on Translation. London and New

York: Routledge.

Ballantyne, W. (1986). Commercial Law in the Arab Middle East: The Gulf States.

London.

Bassnett, S. (1991). Translation Studies. London: Routledge.

Beeston, A. (1993). Written Arabic: An Approach to the Basic Structures. London:

Cambridge University Press.

Beeston, A. F. L. (1970). The Arabic Language Today. London: Hutchinson.

Belkacemi, C. (1998). Prepositions with Verbal Functions in Arabic. Orientalia

Suecana, 47(1), 13-20.

Bell, R. (1991). Translation and Translating. London: Longman.

Bhatia, V. (1987). Language of the law. Language Teaching, 20, 227-234.

Bhatia, V. (1993). Analysing Genre: Language Use in Professional Settings. New

York: Longman Publishing.

Bhatia, V. (1994)). Cognitive Structuring in Legislative Provisions. In John Gibbons

(Ed.), Language and the Law. London and New York: Longman.

Bhatia, V., Candlin, C. and Engberg, J. (2008). Legal Discourse Across Cultures and

systems. Hong Kong: Hong Kong Press.

Bocquet, C. (1990). The signs of law and legal translation. Paralleles, 20, 93-103.

Bonell, M. J. (1994). An International Restatement of Contract Law. Irvington, New

York: Transnational Juris Publication, Inc.

Brown, Nathan J. (1997). The rule of law in the Arab world: courts in Egypt and the

Gulf. Cambridge: Cambridge University Press.

222

Bybee, J., Perkins, R., and Pagliuca, W. (1994). The Evolution of Grammar: Tense,

Aspect, and Modality in the Languages. Chicago University of Chicago

Press.

Calamari, J. D. and J. M. Perillo (1987). The Law of Contracts. St. Paul, Minnesota:

West Publishing Company.

Campaign, P. E. (1996). Language on trial: the plain English guide to legal writing.

London: Robson Books Ltd.

Campbell, S. (1998). Translation into the Second Language. London and New York:

Longman.

Cantarino, V. (1975). Syntax of Modern Arabic prose. Bloomington: Indiana

University Press.

Cao, D. (2007). Translating Law. Toronto: Multilingual Matters Ltd.

Carrol, J. (1964). Language and Thought. New Jersey: Prentice-Hall.

Catford, J. (1965). A Linguistic Theory of Translation: An Essay in Applied

Linguistics. Oxford Oxford University Press.

Child, B. (1992). Drafting legal Documents. St. Paul, Minn: West Publishing Co.

Coates, J. (1983). The Semantics of the Modal Auxiliaries. London: Routledge.

Costanzo, M. (1995). Legal writing. London: Cavendish Publishing limited.

Coulson, N. (1964). A history of Islamic Law. Edinburgh: Edinburgh University

Press.

Crystal, D. and Davy (1969). Investigating English Style. London: Longman.

De Klerk, V. (2003). Language and the Law: Who Has the Upper Hand? AILA

Review, 16, 89-103.

Dickerson, R. (1990). The Fundamentals of Legal Drafting. St. Paul, MN: West

Publishing.

223

Dickins, J. and Watson, J. (1999). Standard Arabic: An Advanced Course.

Cambridge: Cambridge University Press.

Dostal, W. and Kraus, W. (2005). Shattering Tradition: Custom, Law and the

Individual in the Muslim. London: I.B. Tauris.

Duckworth, M. and A. Spyrou (1995). Law Words: 30 essays on legal words and

phrases. Sydney: Centre For Plain Legal Language.

Ebied, R. and M. Young (1975). Some Arabic Legal Documents of the Ottoman

Period. Leiden: E. J. Brill.

Emery, P. (1989). Legal Arabic Texts: implications for translation. Babel, 35, 1-11.

Emily, P. (2005). The cultural transfer in legal translation. International Journal for

the Semiotics of Law/Revue Internationale de Sémiotique juridique, 18, 307-

323.

Engberg, J. (2002). Legal meaning assumptions—what are the consequences for

legal interpreting and legal translation? International Journal for the

Semiotics of Law/Revue Internationale de Sémiotique juridique, 15, 375-388.

Facchinetti, R., Krug, M. and Palmer, F. (2003). Modality in Contemporary English.

Berlin: Walter de Gruyter.

Farghal, M. and Al-Shorafat, M. (1996). The Translation of English Passives into

Arabic: An Empirical Perspective. Target, 8, 97-118.

Fehri, A. (1993). Issues in the Structure of Arabic Clauses and Words. Netherlands:

Kluwer Academic Publishers.

Garner, B. (1991). The Elements of Legal Style. Oxford: Oxford University Press

Garner, B. (1994). Advanced Legal Writing. Oxford: Oxford University Press.

Garzone, G. (1999). The translation of legal texts: a functional approach in a

pragmatic perspective. Textus (Translation Studies Revisited), XII, 393-409.

224

Gibbons, J. (1994). Language and the Law. New York: Longman.

Gibbons, J. (2004). Taking legal language seriously. (Eds.), Language in the law.

New Delhi: Orient Longman.

Goldman, D. (2008). Globalisation and the Western Legal Tradition: Recurring

Patterns of Law. Cambridge: Cambridge University Press.

Goodrich, P. (1987). Legal Discourse. London: Macmillan.

Groffier, E. (1990). The Language of the Law. Meta, 35, 314-331.

Halliday, M. and Hasan, R. (1990). Cohesion in English. London: Longman.

Hallman, P. (2000). Passive in Arabic and English. USA: UCLA.

Harabi, N. (2007). Performance of the Arabic Book Translation Industry

in Selected Arab Countries. Egypt, Lebanon, Morocco, Saudi-Arabia and Syria.

Zurich: the Authors.

Harvey, M. (2002). What’s so special about Legal Translation? Meta, 47, 177-185.

Hatim, B. (1997). English-Arabic and Arabic-English Translation. London: Saqi

Books.

Hatim, B. and Mason, I. (1990). Discourse and the Translator. London: Longman.

Hatim, B. and Mason, I. (1997). The Transaltor as Communicator. London:

Routledge.

Hiltunen, R. (1984).). The Type and Structure of Clausal Embedding in Legal

English. Textus (Translation Studies Revisited), 4, 107-121.

Hinkel, E. (2002). Second Language Writers’ Text: Linguistics and Rhetorical

Features. London: Lawrence Erlbaum Associates, Publishers.

Holes, C. (1995). Modern Arabic: structures, functions, and varieties. New York:

Longman.

225

Ibrahim, Z., Aydelott, S. and Kassabgy, N. (2001). Diversity in Language:

Contrastive Studies in Arabic and English. Cairo: American University in

Cairo Press.

James, C. (1980). Contrastive Analysis. Essex: Longman.

Khadduri, M. (1953). Nature and Sources of Islamic Law: Customary Law and

Islamic Law’, in ‘Symposium on Muslim Law, Part I.’ The George

Washington Law Review, XXII, 11.

Khalil, A. (1989). The Passive in English and Classical Arabic: Formation, Type and

Function. Bethlehem University Journal 7-8, 7-38.

Khalil, A. (1993). Arabic Translation of English Passive Sentences: Problems and

Acceptability Judgements. Papers and Studies in Contrastive Linguistics, 27,

169-181.

Kharma, N. (1983). A Contrastive Analysis of the use of verb forms in English and

Arabic. Heidelberg: Julius Groos Verlag.

Kharma, N. (1984). Tense in Arabic and English. Kuwait: Kuwait University press.

Lyons, J. (1968). Introduction to Theoretical Linguistics. Cambridge: Cambridge

University Press.

Madsen, D. (1997). A model for translation of legal texts. Benjamins Translation

Library, 20, 291-300.

Mahmasani, S. (1960). The principles of international law in the light of Islamic

doctrine. Recueil Des Course, I, 221-222.

Maley, Y. (1994). The Language of the Law. In J. Gibbons (Ed.), The Language of

the Law. New York: Longman.

226

Mallat, Chibli (2000). Commercial Law in the Middle East: Between Classical

Transactions and

Modern Business. The American Journal of Comparative Law, 48 81.

Mattila, H. and Goddard, C. (2006). Comparative Legal Linguistics. Hampshire,

England: Ashgate Publishing Company.

Melinkoff, D. (1963). Language of the Law. Boston: Little Brown.

Mills, G. and M. Duckworth (1996). The gains from clarity: a research report on the

effects of plain-language documents. Sydney: Centre for Plain Legal English.

Ministers Department, The Bureau of Experts at the Council of Ministers. (2009).

<http://www.boe.gov.sa/English/aboutus.html> Retrieved 1/12/2009

Morris, M. (1995). Translation and the law. Philadelph: Benjamins.

Morrison, M. (1978). Excursions into the nature of legal language. Cleveland State

Law Review, 37, 271-336.

Mourad, A. (1999). Explanation of Commercial and Civil Contracts (in Arabic).

Alexandria: Mourad.

Musa, M. (1953). al-Amwal wa Nazariyyat al-Aqd Cairo: The Auther.

NAATI (2009). <http://www.naati.com.au/at-index.html>. Retrieved 4/12/2009.

Newmark, P. (1986). A Textbook of Translation. Hertfordshire, UK: Prentice Hall

International (UK) Ltd.

Newmark, P. (1988). Approaches to Translation. Hertfordshire, UK: Prentice Hall

International (UK) Ltd.

Newmark, P. (1991). About Translation. Clevedon, UK: Multilingual Matters Ltd.

Newmark, P. (1993). Paragraphs on Translation. Clevedon, UK: Multilingual

Matters Ltd.

227

Nida, E. (1969). The Theory and Practice of Translation. Leiden: E. J. Brill.

Owsia, P. (1994). Formation of contract: a comparative study under English,

French, Islamic, and Iranian law. London: Graham and Trotman.

Palmer, F. (1987). The English Verb. London: Longman.

Palmer, F. (2001). Mood and Modality. Cambridge: Cambridge University Press.

Perkins, M. R. (1982). The Core Meanings of the English Modals. Journal of

Linguistics London, 18, 245-273.

Pickthal, M. (1992). The Meanings of The Glorious Koran: An explanatory

translation. London: David Campbell.

Quirk, R., Greenbaum, S., Leech, G., and Svartvik, J. (1972). A Grammar of

Contemporary English. Oxford: Oxford University Press.

Rayner, S. (1991). The Theory of Contracts in Islamic Law. London: Graham and

Trotman.

Rizq, Y. (1989). Taba. Egypt: General Egyptian Book Organization.

Ruthven , M. and Hourani, A. (2002). A History of the Arab Peoples. Boston:

Harvard University Press.

Sabra, M. (2001). auSuwl alSiygha alqanuwniya. Egypt: the author.

Sarcevic, S. (1989). Conceptual Dictionaries for Translation in the Field of Law.

International Journal of Lexicography, no. 2: 4, pp. 277-293.

Sarcevic, S. (2000). Legal Translation and Translation Theory: a receiver-oriented

Approach. International Colloquium organized by the School of Transaltion

and Interpretation of the University of Geneva.

Sarcevic, S. (1985). Translation of culture-bound terms in laws. Multilingua 4-3,

127-133.

228

Sarcevic, S. (1997). New approaches to legal translation. The Hague: Kluwer Law

International, xiii , 308.

Schacht, J. (1950). Foreign Elements in Ancient Islamic Law. Journal of

Comparative Legislation and International Law, III, 32.

Schacht, J. (1960). Problems of Modern Islamic Legislation. Studia Islamia, XII,

100.

Schogt, H. (1988). Linguistics, literary analysis, and literary translation. Toronto:

University of Toronto Press.

Schwarz, H. (1977). Legal and Administrative Language. Babel 23, 19-22.

Sharafuaddeen, A. (1993). Ossool alssyagha alqanoonia liloqood [A book for legal

formation of contracts in Arabic]. Cairo: Abna Wahba Hassan Press.

Sinclair, J. (1991). Corpus, Concordance, Collocation. Oxford: Oxford University

Press.

Smith, S. (1995). Culture Clash: Anglo-American Case Law and German Civil Law

in translation. Translation and the Law. Amsterdam: John Benjamins

Publishing Company.

Snell-Hornby, M. (1988). Translation Studies. An Integrated Approach. Amsterdam:

Benjamins.

Suleiman, S. (1998). The interaction between the passive transformation and other

transformations in English and Arabic. Papers and Studies in Contrastive

Linguistics, 34, 163-186.

Tiersma, P. (1989). Linguistic Aspects of Legislative Expression. Vancouver:

University of British Columbia Press.

Tiersma, P. (1999). Legal Language. Chicago: University of Chicago Press.

229

Tiersma, P. (2007). The Textualization of Precedent. Notre Dame Law Review,

Vol. 82, p. 1187, 2007.

Trosborg, A. (1995). Statutes and Contracts: An Analysis of Legal Speech Acts in

the English Language of the Law. Journal of Pragmatics, 23, 31-53.

Vogel, F. (2000). Islamic Law and Legal System: Studies of Saudi Arabia. Leiden:

Brill.

Wagner, A. (2003). Translation of the language of the common law into legal

French: myth or reality. International Journal for the Semiotics of Law/Revue

Internationale de Sémiotique juridique, 16, 177-193.

Wallace, R. (2005). International Law. London: Sweet & Maxwell.

Weston, M. (1983). Problems and principles in legal translation. The Incorporated

Linguist, 22, 4.

Wilson, P. and Graham, D. (1994). Saudi Arabia: the coming storm. New York: M.

E. Sharpe, Inc.

Wright, W. (1977). A Grammar of the Arabic Language. Cambridge: Cambridge

University Press.

230

Appendices

231

Appendix 1. A case of translation tried in the Saudi Bureau of Grievance

ユャاヌヨャوان اΑاري -دイわャا ペΒホدわャة اゃΒه

タ 79ـــ هـ1419 - 1407اらヨャادئ واジャواペよ اツボャاΒもة ハリョام

)18(

ゎرヨィة

وよإェاャة اΒツボャة إャى هذロ اャهゃΒة ろヌェΙ أن اャداもرة ヶプ أらシاب ェكヨها ردت ョا دヮよノプ اヨャدリョヶハ أヮル وノホ اガヨャاダャة وهو ゃًΒセユヤバΑ Ιا (

ョ Ιا わエョリハろらんΑواها レわジョدة إャى ΚΒヤバゎت レΒよリョザΒャها ョا ョヶヘレΑا ذآرリョロ أバΑ Ι ヮルرف اピヤャة اバャرΒよة واヶわャ آよろらわها اガヨャاダャة و

أルها ゎرヮャろヨィ وプهヨツョユوルها リΒェ اわャوΒヤハノΒホها ، وプユをリョإن اヌャاهر ボらΑى ョؤΑداً ヨΒプヮャا أよداハリョロدم バョرョヮわプا ヮわレヨツゎ اャكゼوプات

ヶプو ロذي ذآرャا ヒヤらヨャاよヮΒヤハ ىハدヨャد اッロواハة دエタヶプ رヌレャرة اもداャى اヤハヮバョリΒバわΑ اヨョヮΒヤハ ىハدヨャا リョ ةョدボヨャة اダャاガヨャوا

واわルهろ اャهゃΒة リョ هذロ اらシΕاب إャى . Αكヮレハブゼ إィراء اエヨャاらシة リΒよ اトャرリΒプ وゎモΒヨエゎكاヘΒャها ヌゎリョهر ハدم エタة دハواッロوء ョا

ユホها رヨكェ دارタام 57إバャ 1416 ユホرة رもداャا ユكェヂボレよヶツボΑام 107هـ وバャ 1415 ذآرャا ブャاシ هـ.

ユホر ユكエャها اルأゼよ درتタرة أもداャى اャة إΒツボャادة اハإよام 64وバャ 1416 ユホها رヨكェ دレハ زالゎ Ι هاルأよヶツボΑام 107هـ وバャ 1415ه ـ

ヶハدヨャوى اハرد دよヶッاボャة (......) اジシؤョ دッ. (.....)

ゑΒェ هاヨكェヂボレよ ىツホ ذيャا ペΒホدわャا ユكェ هاΒヤハユΒホأ ヶわャاب اらシΕة اエタ دمハヶプ رهاヌル هةィرة وもداャا ろレΒよユكエャاب هذا اらシأ ヶプو

ゎوノΒホ اレジャد وأن آان اホΗرار اジレヨャوب ヨヤャوジヤよノホان Βビر ジャاヮル وろヘわヤゎ Ι إャى إدハاよヮもأョユヤバΑ Ι ヮルا ゎرى اャداもرة اΙآヘわاء よاホΗرار ヤハى

.わエΑوヮΑ اレわジヨャد ، إذ ゎرى أイΒわルモヨエわΑ ヮルة ヘゎرヮトΑ إن آان ョユヤバΑ Ιا わエΑوヮΑ اレジャد ボェاً

ョ رΒんآ テボシΕ ペΒホدわャة اゃΒه ヮΒャارت إセذي أャدأ اらヨャاよ ذカو أャヮルرة أもداャا ろプاッة وأプرバヨャدم اバよ هاΒプリバトャاよ ةΒイエヤャ زةもاエャدات اレわジヨャا リ

ロوエル اض أوΒよ ىヤハ واバホو ユهルون أハدΑ ها أوレョモダレわャدون اΑرΑ اヨレΒェユهわピヤよろルو آاャها وΒヤハリΒバホوヨャاص اガセΕا モらホリョモهイャأو ا.

ョょا ガョリョヮバョاダャة らわバΑر わらんョاً آヨا أن اヨャدハى ヨよヮΒヤハوホモんョ :ィوャها – ΑΗ モエョ Ιرادها –وろツョ اャداもرة ヶプ إΑراد ゎدΚΒャت

ろらんヨャاً واΒプاルヶハدヨャاء –واヨヤバャا ロررホ اヨآ – ヶハرセا ヮィوャا ろヨヤハد أホ هاルرة أもداャا ろプاッة ، وأイェ ادةΑز リョヮバョ اヨャヶプاレャى اヤハ دمボョ

ヮΒプ وضガャا ヶプو ヶレニ رョهو أ ヶハدヨャا ヮΒハدΑ ذيャا اヨレΒよ هاャ ةヤヨكゎヮレΒヨΑ ذتカوأ ヮΒヤハ ىハدヨャد اΒよ ةレΒらャود اィوよ ورョأ ヶプ ولカد

ヮわヘャاガョ وزイΑ Ι ヶッاボわャرق اデリョヶハرセペΑرトャ ركゎة وΒルاジエわシا.

ヶプ رةもداャك اジヨわジョ ظ : أنェΚゎ ابらシأ リョヮΒヤハヶレよ اョو ペΒホدわャا モエョユكエャراض اバわシوراق واΕى اヤハ عΚデΗد اバよ ةゃΒهャأن ا ゑΒェو

イヨよرد إホرار ョوよヮバホاわャوヮΒヤハノΒホ وャو آان ョكわوよاً ピヤよة ェكヨها اジャاペよ واペェΚャ هو ョا أヮレハろエダプ أΒカراً リョ أن اレジャد イΑوز اΒイエャة

Βビر ヮわピャ وノヨジゎ Ι أي دハوى リョ اボヨャر よاわャوよペヤバわゎヮΒヤハノΒホاヨツヨよリバトャون وわェ Ιى دハوى اわャزوΑر わエヨよواよロإシاءة اヨバわシال

.اわャوヤハノΒホى Βよاض أو ヮΒヤハリヨを وأن اヨャوイΒわルモヨエわΑ ノホة ヘゎرヮトΑ إن آان ヨツョユヤバΑ Ιون اレジャد ボェاً

وモバャ هذا اらヨャدأ اャذي ヮわレらゎ اャداもرة ヮよモボΑ ユャ أェد Βビرها وャو أカذ Ε ヮよآモ آΒんر リョ أョوال اレャاس よاらャاモデ وセ Ιك أن اわャوヤハノΒホى レシد

レよاء ヤハى ボをة أو プهカユاめデ أو ピゎرΑر دون ヨツヨよユヤハوリョザΒャヮル اヨャواノッ اボΑ ヶわャال Βプها イΒわルモヨエわよة اヘわャرテΑ ، إذ ヤハى هذا اボャول ャو

232

ガセ أن ヮわョذ ヶプ أنよ رضわボヨャى اャاً إよوジレョ ًراراホإ ヮトガよ رضボヨャا ょわد وآェا أヨدهレハザΒャو Κًんョ الΑف رΙへ رةゼハ اΒョر أカへ رضホاً أダ

モエョユكエャاب اらシى أツわボョ ىヤバプロاءツョأو إ ヮヨわカ أو ヶトガャرار اホΗى هذا اヤハヮわヨダよ ذカوأ Κًんョ رんال أو أآΑر ブャة أもاョ رضボヨヤャ

اレジャد آاプ ΚًョإΑ ヮルكヶヘ أن ボΑر اわボヨャرض わよوヤハヮバΒホى اレジャد وよザΒャاエΒャペエャوز هذا اレジャد اΒイエャة اわャدペΒホ إذا デاょャ اボヨャرض ヨツヨよون

ヮルوヨツョヶプリバトャاよロواハد ノヨジゎ Ιو ヮトΑرヘゎ ةイΒわルモヨエわΑ ヮΒヤハ ىハدヨャوا.

リΑدャاよ رارホΗا ヮよاわآ ヶプヮよ ر االلهョا أョو リΑدャة اΑへろヤョأゎ وャ رأيャى هذا اヤハ رダゎ Ι رةもداャا モバャو.

اャهゃΒة إャى ョヂバよا ホررロ أهモ اよユヤバャهذا اヨャوッوع モバャ وヮィ اヶヤイレΑ ペエャ أョام اャداもرة أآんر ، ィاء ヶプ آわاب درر اエャكام セرح وΒゼゎر

リヨΒプ أョر آاらゎاً أن Αكょわ إホرارよロدΚヘャヮΒヤハリΑن وآょわ اャكاょゎ ووヮΒヤハノホ اボヨャر よإツョاヮも أو ホヮヨわカال 138 ص ヤイョ4ة اェΕكام ィـ

ヶヘプ هذボヨャ ( ロر آوヮル أョر اャكاょゎ أن Αكヤハょわى هذا اャوヮィ وأろらを اボヨャر ヮャ ذャك よاゼャهود اΒダガゼャة ヤΒプزم اボヨャر ヤプذャك إذا أルكر ا..... (

.اダャورة اわェاج اョΕر إャى レΒよة ヤハى ョا أルكرロ اヨャدリΑ رユビ إホرارよロأヮル وノホ اレジャد

ヤى اピヤャة اェヶわャرر よها اレジャد وأدハى أョا إذا آان タاょェ اツョΗاء أو اΒビユわガャر واリョ ) :ハブホ اダヨャدر ホヮジヘルال 139وエヘタヶプة

ユわカ ى أوツョأ ヮルوأ ヮャヮルوヨツョ رジプرح وセو ヮΒヤハ رىءホ دレジャأن اよろらんΑ ユャ اョ دレジャاよ ذカؤاΑ Κプ دレジャل اべョユヤハ دونよロاءツョإ ノホو ヮルأよ

).اレジャد バよد أن وヤハブホى ヨゎام ヨツョوシヮルواء آان اレジャد リヨツわΑ اャدリΑ أو اノΒらャ أو اダわャرプات اカΕرى

リΒプرトャا リΒよ ةらシاエヨャراء اィإよ رةもداャوم اボゎ أنよ ًهاΒィوゎリヨツゎ دホ ذآرャا ブャاシ ام 1416هـバャ 57 ユホة رゃΒهャا ロهذ ユكェ ك : أنャظ آذェΚΑو

ユホوان رΑدャا ザΒもر ヶャاバョ رارボャ Ιًاんわョها اよ امΒボャرة اもداャى اヤハリΒバわΑ ヶわャات اらをΗراءات اィإ リョ رらわバΑ ヮルأ ノョ كャذよユボゎユャヮルأ Ιام 9إバャ

1411ゎ ذيャهـ ا ヮゎادョゾレ)1 ( هاゎرボヘよ)ب ( ヮルى أヤハ ) : اذガゎاよ ًهاΒィوゎ ةΒもاツボャرة اもداャى اャادة إハΗوا ヂボレャاよペΒホدわャا ユكェリヨツゎ إذا

إィراء リョリΒバョ إィراءات اらをΗات أو Βビر ذャك リョ اィΗراءات اボヤバわヨャة ヌレよر اャدハوى واΒプモダヘャها ヤバプى هذロ اャداもرة اガゎاذ اィΗراء

ペΒホدわャا ユكェょィوヨよ وبヤトヨャا((.

ユホر ユكェ73/ام 4/تバャ 1417 هـ.

------------------------------------------------------------------------------------------------------

ェヂボルكヤハユى أシاس أن اわヨャرヶプユィ اΒツボャة Α ユャراع ゎヶプكヮヘΒヤ وゎوわヤャヮΒャرヨィة ョا ヮΒヤハろダル اヨャادة اんャاんャة ゼハرة ホリョواハد

.ت اヨャراバプا

ユホرار رホ106/ام 4/تバャ 1413 هـ.

233

Appendix 2. Consent forms for the empirical study

Locked Bag 1797

Penrith South DC NSW 1797 Australia www.uws.edu.au/researchservices Human Research Ethics Committee Office of Research Services Building K1, Penrith Campus Tel +61 2 4736 2835 Fax +61 2 4736 2905

Participant Consent Form

Project Title: The linguistic challenges

involved in legal translation (for legal

translators )

This study has been approved by the University

of Western Sydney Human Research Ethics

Committee. The Approval number is [H6547]

I,.................................. as a legal translator consent to participate in the research

project titled “The linguistic

challenges involved in legal translation".

I acknowledge that:

I have read the participant information sheet and have been given the opportunity to discuss the information and my involvement in the project with the researcher/s.

The procedures required for the project and the time involved have been explained to me, and any questions I have about the project have been answered to my satisfaction.

I consent to the participation in answering all questions of this questionnaire.

234

http://www.uws.edu.au/researchservices

http://www.uws.edu.au/researchservices

I understand that my involvement is confidential and that the information gained during the study may be published but no information about me will be used in any way that reveals my identity.

I understand that I can withdraw from the study at any time, without affecting my relationship with the researcher/s now or in the future.

Signed:

Name:

Date:

235

Locked Bag 1797 Penrith South DC NSW 1797 Australia

www.uws.edu.au/researchservices

Human Research Ethics Committee Office of Research Services Building K1, Penrith Campus Tel +61 2 4736 2835 Fax +61 2 4736 2905

Participant Consent Form

Project Title: The linguistic challenges

involved in legal translation (for legal

drafters )

This study has been approved by the University

of Western Sydney Human Research Ethics

Committee. The Approval number is [H6547]

I,.................................. as a legal drafter consent to participate in the research

project titled “The linguistic

challenges involved in legal translation".

I acknowledge that:

I have read the participant information sheet and have been given the opportunity to discuss the information and my involvement in the project with the researcher/s.

236

The procedures required for the project and the time involved have been explained to me, and any questions I have about the project have been answered to my satisfaction.

I consent to the participation in answering all questions of this questionnaire.

I understand that my involvement is confidential and that the information gained during the study may be published but no information about me will be used in any way that reveals my identity.

I understand that I can withdraw from the study at any time, without affecting my relationship with the researcher/s now or in the future.

Signed:

Name: Date:

237

UWS HUMAN RESEARCH ETHICS COMMITTEE

Statement of Compliance with NSW Privacy Legislation

Attachment D

1. Title of Research Project The linguistics challenges involved in legal translation

2. Legislative/ Policy Environment

Researchers should be aware of the requirement to comply with the NSW Privacy &

Personal Information Protection ACT, 1998, the NSW Privacy Protection Principles

and the Health Records and Information Privacy Act 2002

http://www.lawlink.nsw.gov.au/lawlink/privacynsw/ll_pnsw.nsf/pages/PNSW_index

Personal information of individuals held by the New South Wales Government and

other organisations should not, in most instances, be accessed without the consent

of the person on whom the information is held.

3. Definition

Confidentiality refers to the legal and ethical obligation that arises from a

relationship in which a person receives information from or about another. The

recipient has an obligation not to use that information for any purpose other than

that for which it was given.

238

http://www.lawlink.nsw.gov.au/lawlink/privacynsw/ll_pnsw.nsf/pages/PNSW_index

4. Check list – research project obligations under privacy legislation

By working through the following check list, CIs will be able to determine obligations

under the relevant legislation when dealing with personal Information.

Please answer all questions

a) Does your research involve the use of existing records that are not in the public

domain? No

b) Has the organisation granted consent to provide access to the information? No

c) Will the records contain information that identifies an individual? No

If yes, will that individual’s consent be sought?

If you answered yes to any of the above questions, you will need to abide by the

privacy policy in dealing with personal information as set out in the State Privacy

Legislation

Further information required

Describe the type of records to be accessed.

Which New South Wales individuals or organisations hold access to the

information? (private sector, public sector). Provide details of the individual or

organisation.

The University of Western Sydney.

Declaration – forward to Ethics Officer with Application

I certify that the information given in HREC Attachment D is correct to the best of my

knowledge.

Chief Investigator 1 Signature: ............................................ Date....................

239

Appendix 3. Questionnaire for the empirical study: Legal translators

Questionnaire 1 (Legal Translators)

Please answer the following questions by ticking (x) or writing the answer:

1. What is your Qualification?

a. High school ( ) b. Bachelor ( ) c. Master ( ) d. PhD ( )

e. Specialist Training ( )

If ‘Specialist Training’ please specify:

........................................................................................................................................

........

2. How many years have you been working as a professional translator? ( )

3. Do you translate texts other than legal texts? a. Yes ( ) b. No ( )

4. If your answer is ‘yes’, what is the level of difficulty you find in the translation of

legal texts compared to the translation of other texts, please provide rating 1-5?

(1=very easy, 5=very difficult)

Legal Texts ( ) Other Texts ( )

5. What is the level of difficulty do you find in the translation of legal texts from

Arabic into English compared to the translation from English into Arabic; please

provide rating 1-5?

(1=very easy, 5=very difficult)

Arabic into English ( ) English to Arabic ( )

6. How often do you translate the following?

240

a. Commercial contracts and agreements. Never ( ) Often ( ) Very

often ( )

b. Political agreements and treaties. Never ( ) Often ( ) Very

often ( )


Never ( ) Often ( ) Very often ( )

d. Administrative and organizational documents, i.e. minutes of meeting, rules &

regulations, business letters, etc. Never ( ) Often ( ) Very often ( )

e. Legislations, constitutions, court pleadings, etc. Never ( ) Often ( ) Very

often ( )

7. What is the level of importance given to the translation of the following; please

provide rating1-5?

(1=not very important, 5=very important).

a. Commercial contracts and agreements. ( )

b. Political agreements & treaties. ( )

c. Personal documents, i.e. birth, marriage, school, etc. ( )

d. Administrative & organizational documents, i.e. minutes of meeting, rules &

regulations, business letters, etc. ( )

e. Legislations, constitutions, court pleadings, etc. ( )

8. What is the level of difficulty in translating commercial contracts and agreements

from English into Arabic and vice versa, please provide rating 1-5?

(1=not very important, 5=very important).

English into Arabic ( ) Arabic into English ( )

241

9. Which of the following area/s contribute to the main difficulty in translating

commercial contracts and agreements from English into Arabic; please provide

rating 1-5?

(1=very little contribution, 5=very big contribution)

a. Text layout, i.e. preamble, arrangements of articles ( )

b. General legal terminology ( )

c. Culture-specific legal terms ( )

d. Sentence structure ( )

e. Tense ( )

f. Modals, i.e. shall, will, must, may ( )

h. Punctuation and capitalization ( )

i. Other. ( )

If ‘other’ please specify:

................................................................................................................................................

10. Which of the following area/s contribute to the main difficulty in translating

commercial contracts and agreements from Arabic into English; please provide

rating 1-5?

(1=very little contribution, 5=very big contribution)

a. Text layout, i.e. preamble, arrangements of articles ( )

b. General legal terminology ( )

c. Culture-specific legal terms ( )

d. Sentence structure ( )

e. Tense ( )

f. Modals, i.e. shall, will, must, may ( )

h. Punctuation and capitalization ( )

242

i. Other. ( )


........................................................................................................................................

........

11. Which of the followings do you resort to or consult with to overcome difficulties

in translating commercial contracts and agreements from English into Arabic and

vice versa, please provide names when necessary? You can tick more than one box:

a. Dictionaries. ( )

Please provide names:

.......................................................................................................................

b. Colleagues ( )

c. Legal drafters ( )

d. The internet websites ( )

Please provide addresses of websites, if possible:

........................................................................................................................................

........

e. Parallel texts ( )

f. Other ( )


........................................................................................................................................

........

12. How do you find the collaboration between legal translators and legal drafters

when translating commercial contracts and agreements?

Very important ( ) Important ( ) Not important ( )

243

13. Which of the following needs more or less collaboration between legal

translators and legal drafters when translating commercial contracts and agreements,

please provide rating1- 5?

(1=very little collaboration, 5=very much collaboration)

Translation from English into Arabic ( ) Translation from Arabic into

English ( )

14. Do you have any suggestion to improve the quality of legal translation practice in

Saudi Arabia?

........................................................................................................................................

........

15. Do you have any suggestion towards qualifications of legal translators in Saudi

Arabia, e.g. a system of accreditation?

........................................................................................................................................

........

244

Appendix 4. Translation exercise: English to Arabic

Please translate the following into Arabic:

AGREEMENT

This Agreement made the day of , 19

Between:

________________________________

Of ___________________________

(hereinafter called the “Employer”) of the one part and

________________________________

Of __________________________

(hereinafter called the “Contractor”) of the other part

Whereas the Employer is desirous that certain works should be executed by the

Contractor, viz

______________________________

and has accepted a Tender by Contractor for execution and completion of such

works and the remedying of any defects therein

Now this Agreement witnesseth as follows:

1- In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract hereinafter

referred to.

2- The following documents shall be deemed to form and be read and construed

as part of this Agreement, viz :

(a) The Letter of Acceptance ;

245

(b) The Said Tender;

(c) The Conditions of Contract (part I and II );

(d) The Specifications;

(e) The Drawings; and

(f) The Bill of Quantities.

246

Appendix 5. Translation exercise: Arabic to English

Please, translate the following into English:

اズΒわヘわャ: اヨャادة اんャاレョة

ΑوよヮィكΒヘΒة レョاらシة ボバョوャة わジヨヤャأィر أن ボゎوم バヨよاレΑة وヤャペエΑ ズΒわヘゎهゃΒة اヤヨャكΒة ヶプ أي وろホ اレをاء ョدة هذا اボバャد وヨよوょィ اバセار

اΕرض モんヨヨャウヨジΑ اャهゃΒة اヤヨャكΒة اヘヨャوض رΒヨシا よدカول وヶヤハリΒバわΑ اわジヨャأィر أن . اヨャرわヤャペプأآد リョ اΒボわャد よأェكام هذا اボバャد

واヨャرペプ اャذي ゾガΑ اわジヨャأィر ヶプ آاプة اΕوホات اボバヨャوャة واذا آان هレاك أي ィزء リョ اヨャرΒビペプر ョرヶッ أو Βビر トョاペよ اヨャؤィرة

وょイΑ . اィΙراءات اΚャزョة ルウΒエダわャواヶェ اダボャور らヤトわヨャات هذا اボバャد ،プإن اャهゃΒة اヤヨャكΒة シوف ボゎوم よاバセار اわジヨャأィر آわاΒよا ガゎΙاذ

.ن ボΑوم よاィراء اウΒエダわャ أو اバわャدモΑ أو اらわシΙدال اヨャرヶプヶッ اヨャرペプ اャذي ヮよ اダボャور وذャك ヮわボヘルヶヤハ اガャاタة ヶヤハ اわジヨャأィر أ

:اルΙهاء ょらジよ اΒダボわャر : اヨャادة اわャاバシة

:ェヶプاャة ェدوث أي ェリョاΙت اΒダボわャر اわャاΒャة ヨよوょィ هذا اボバャد ) ا

1- ペプرヨャرة أو اィؤヨャرض اΖャ رィأわジヨャء اΚカا .

اよرام اわジヨャأィر Εي ボハد リョ اらャاリデ أو اレわャازل リハ هذا اボバャد أو リハ أي エヤダョة ヮΒプ أو ヨΒプا よペヤバわΑكモ اΕرض اヨャؤィرة أو أي ィزء -2

.レョها よدون ダェوョヶヤハヮャواボプة آわاΒよة ボらジョة リョ اャهゃΒة اヤヨャكΒة

. اわルهاء اャكΒان اボャاルوわジヨヤャヶルأィر -3

4-ダわャة اΒェΚタول وバヘョ انΑرシ هاءわルا ペプرヨャاよペヤバわΑ اヨΒプ ةΒレバヨャة اΒョكوエャهة اイャوزارة أو اャا リョ ادرةダャا ウΑار.

247

Appendix 6. Questionnaire for Legal Drafters

1. How many years have you been working as a legal drafter? ( )

2. How important do you find collaboration between legal drafters and legal

translators when translating commercial contracts and agreements, please provide

rating 1-5?

(1=not very important, 5=very important) ( )

3. Which of the following needs more or less collaboration between legal translators

and legal drafters when translating commercial contracts and agreements, please

provide rating1- 5?

(1=very little collaboration, 5=very much collaboration)

Translation from English into Arabic ( ) Translation from Arabic into

English ( )

4. As seen in many cases of translated commercial contracts, one language (Arabic

or English) version of a translated commercial contract is selected as the prevailing

version instead of accepting both versions as legally valid in the court of law. As a

legal drafter, please answer the following questions:

a. How is the prevailing version decided?

........................................................................................................................................

........

b. Who can decide which version shall prevail?

........................................................................................................................................

........

c. Why are such decisions made?

........................................................................................................................................

........

248

d. What is your view of such practice?

........................................................................................................................................

........

5. How important do you think that legal translators shall have certain level of

knowledge of the laws, please provide rating1- 5?

(1=not very important, 5=very important)

( )

6. How do you find the quality of commercial contracts and agreements translation

practice in Saudi Arabia, please provide rating1- 5?

(1=poor quality, 5=excellent quality)

( )

7. Do you have any suggestion to improve the quality of legal translation practice in

Saudi Arabia?

........................................................................................................................................

........

8. Do you have any suggestion towards qualifications of legal translators in Saudi

Arabia, e.g. a system of accreditation?

........................................................................................................................................

........

249

Appendix 7: SPSS Analysis

Mann-Whitney (Two independent Samples non-parametric test)

The Mann-Whitney test is the non-parametric alternative test of two

independent sample t-tests. One of the needs of non-parametric tests is the case of

categorical data (qualitative data) as in our case. The use of the Mann-Whitney non-

parametric test here is to test whether there is a significant difference between

responses of two independent populations. For example, testing the hypotheses

whether there is a significant difference between the responses of the sample to any

variable according to (or due to) qualification as follows:

The null Hypothesis H0: The medians of responses of two independent

populations are equal. In other words, there is no significant difference

between the two medians of the responses.

The alternative Hypothesis H1: The medians of responses of two independent

populations are unequal. In other words, there is a significant difference


Calculating the ranks of the two independent samples results in the Mann-

Whitney Statistic U and the Z-statistic (which has a standard normal

distribution) is calculated from U.

One can get the decision about the hypothesis, by using p-value. If p-value is

less than or equal 0.05, one can reject H0 and accept H1, i.e. there is a

significant difference between the two medians of the responses. Otherwise,

one accepts H0 and rejects H1, i.e. there is no significant difference between

the two medians of the responses.

The p-value is the level of significance.

250

Question Qualification N

Mann-

Whitney

U

P – value

Sig.

Bachelor 22 21.500 6

Higher Degree 2 274.500

0.957



0.725



0.406

Bachelor 22 9.500

10


0.217

Since the P-value is 0.05 for all questions, there is no significant

difference, between the opinion of the respondents to question 6.7.9 and 10

due to different qualification.

Kruskal -Wallis (More than two independent Samples non-parametric test)

Kruskl-Wallis test is the non-parametric alternative test of Analysis of variance

(ANOVA test). One of the needs of non-parametric tests is the case of categorical

data (qualitative data) as in our case. The use the Kruskal-Wallis non-parametric test

here is to test whether there is a significant difference between responses of more

than two independent populations (say K). In our case, testing the hypotheses

whether there is a significant difference between respondents to questions 6, 7, 9, 10

according to (or due to) years of experience as follows:

251

The null Hypothesis H0: The medians of responses of K independent


between the K medians of the responses.

The alternative Hypothesis H1: The medians of responses of K independent



Calculating the ranks of the K independent samples results in the Chi-square

Statistic.



significant difference between the K medians of the responses. Otherwise,


the K medians of the responses.


To study this, the Kruskal -Wallis test is used to obtain the following results:

Question

Years of

Experience

N

Chi-

Square

P – value

Sig.

Less than 6 7

From 6 to 10 12 6

More than 10 5

6.904 0.032

Less than 6 7

From 6 to 10 12 7

More than 10 5

0.519 0.771

Less than 6 7

From 6 to 10 12 9

More than 10 5

0.277 0.871

Less than 6 7 10

From 6 to 10 12

0.177 0.177

252

More than 10 5

Since the P-value is 0.05 for questions 7.9 and 10, there is no significant

difference between the opinions of respondents. However, for question 6, the

P-value is 0.05, which means that there is a significant difference between

the opinions of respondents due to different years of experience. In fact this

is due to a difference between respondents with years of experience '' Less

than 6 years " and respondents with "More than 10 years".

Summary

When we have such survey, it is important to know that the instrument we are using

will elicit consistent and reliable response even if the questions were replaced with

other similar questions. When there is a variable generated from such a set of

questions that return a stable response, then the variable is said to be reliable.

Cronbach's alpha is an index of reliability associated with the variation accounted for

by the true results of the survey.

Alpha coefficient ranges in value from 0 to 1. The higher the score, the more reliable

the generated scale is. In this study, Cronbach’s Alpha coefficient is used to evaluate

the reliability of the scales for the considered questions which have more than two

statements, and the following results were obtained:

Measure of Reliability

Questions

Number of

Statements

Cronbach’s Alpha

6 5 0.73

7 5 0.72

253

9 7 0.76

10 7 0.83

The values of Cronbach’s alpha tend to be large (more than 0.7) and closer to one

which indicates the reliability of the considered scale to measure the questions. The

following tables test the internal consistency of each question. The procedure is as

follows:

One statement was removed and Alpha Cronbach calculation was used for the

remaining statement. If the calculated Alpha is more than one Alpha for all

statements, this means that the reliability increased and therefore the statement must

be removed. But if the calculated Alpha is less than one Alpha for all statements, this

means that the reliability decreased, therefore, the statement shall remain. This

procedure is repeated for each statement. The results are illustrated in the following

questions:

6- How often do you translate the following?

No. Statement

Cronbach’s

Alpha if

Item Deleted

6a Commercial contracts and agreements. 0.60

6b Political agreements and treaties. 0.74

6c

Personal documents, i.e. birth, marriage,

school, etc. 0.76

6d

Administrative and organizational documents,

i.e. minutes of meeting, rules & regulations, 0.67

254


6e

Legislations, constitutions, court pleadings,

etc. 0.58

Total 0.73

The value of Cronpach’s Alpha of each statement (if the statement is removed) is

less than its total value (except statements 6b and 6c, but the difference is small)

which indicates the internal consistency of the statements of this question of the

questionnaire.

255

8- The level of importance given to the translation of different types of

documents or agreements

No. Statement

Cronbach’s

Alpha if

Item Deleted

7a Commercial contracts and agreements. 0.63

7b Political agreements & treaties. 0.66

7c

Personal documents, i.e. birth, marriage,

school, etc. 0.80

7d

Administrative & organizational documents,

i.e. minutes of meeting, rules & regulations,


0.67

7e

Legislations, constitutions, court pleadings,

etc. 0.51

Total 0.72


less than its total value (except statement 7c, but the difference is small) which

indicates the internal consistency of the statements of this question of the

questionnaire.

9- Contribution to the main difficulty in translating commercial contracts and

agreements from English into Arabic

256

No. Item

Cronbach’s

Alpha if

Item Deleted

9a Text layout, i.e. preamble, arrangements of articles 0.72

9b General legal terminology 0.72

9c Culture-specific legal terms 0.75

9d Sentence structure 0.73

9e Tense 0.75

9f Modals, i.e. shall, will, must, may 0.71

9h Punctuation and capitalization 0.72

Total 0.76


less than its total value which indicates the internal consistency of the statements of

this question of the questionnaire.

10- Contribution to the main difficulty in translating commercial contracts and

agreements from Arabic into English

No. Item

Cronbach’s

Alpha if

Item Deleted

10a Text layout, i.e. preamble, arrangements of articles 0.82

10b General legal terminology 0.80

10c Culture-specific legal terms 0.84

10d Sentence structure 0.78

257

10e Tense 0.79

10f Modals, i.e. shall, will, must, may 0.81

10h Punctuation and capitalization 0.78

Total 0.83


less than its total value (except statement 10c, but the difference is small) which

indicates the internal consistency of the statements of this question of the

questionnaire.

Hypotheses Testing

This part will discuss the following:

The effect of “different qualification” on the opinions of respondents to

questions 6, 7, 9, and 10.

The effect of “different years of experience” on the opinions of

respondents to questions 6, 7, 9, and 10.

Overview of the tests

Here is an overview of the tests used for the hypotheses:

(a) Mann-Whitney (Two independent Samples non-parametric test):

Mann-Whitney test is the nonparametric alternative test of two independent samples

t-test. One of the needs of non-parametric tests is in the case of categorical data

(qualitative data) as in our case. We will use the Mann-Whitney nonparametric test

to test whether there is a significant difference between responses of two independent

populations. For example, testing the hypotheses whether there is a significant

difference between the responses of the sample to any variable according to (or due

to) qualification as follows:

258

The null Hypothesis H0: The medians of responses of two independent



The alternative Hypothesis H1: The medians of responses of two independent



Calculating the ranks of the two independent samples results in the Mann-

Whitney Statistic U and the Z-statistic (which has a standard normal

distribution) is calculated from U.



significant difference between the two medians of the responses. Otherwise,


the two medians of the responses.


(b) Kruskal-Wallis (More than two independent Samples non-parametric test):

Kruskl-Wallis test is the nonparametric alternative test of Analysis of variance

(ANOVA test). One of the needs of non-parametric tests is in the case of

categorical data (qualitative data) as in our case. We will use the Kruskal-Wallis

nonparametric test to test whether there is a significant difference between

responses of more than two independent populations (say K). In our case, testing

the hypotheses whether there is a significant difference between respondents to

questions 6, 7, 9, and 10 according to (or due to) years of experience as follows:

The null Hypothesis H0: The medians of responses of K independent



The alternative Hypothesis H1: The medians of responses of K independent



Calculating the ranks of the K independent samples results in the Chi-square

Statistic.



259

0 and rejects H1, i.e. there is no significant difference between

the K medians of the responses.


The effect of “different qualification” on the opinions of respondents to

questions 6, 7, 9 and 10.

In this study, Mann -Whitney test is used and the result is illustrated in the

following table:

Question Qualification N

Mann-

Whitney

U

P – value

Sig.



0.957



0.725



0.406

Bachelor 22 9.500

10


0.217

Since the P-value is 0.05 for all questions, there is no significant difference,

between the opinion of the respondents to question 6.7.9 and 10 due to different

qualification.

The effect of “different years of experience” on the opinions of

respondents to questions 6, 7, 9 and 10

260

In this study, Kruskal – Wallis test is used and the result is illustrated in the

following table:

Question

Years of

Experience

N

Chi-

Square

P – value

Sig.

Less than 6 7

From 6 to 10 12 6

More than 10 5

6.904 0.032

Less than 6 7

From 6 to 10 12 7

More than 10 5

0.519 0.771

Less than 6 7

From 6 to 10 12 9

More than 10 5

0.277 0.871

Less than 6 7

From 6 to 10 12 10

More than 10 5

0.177 0.177

Since P 0.05 for questions 7.9 and 10, there is no significant difference between the

opinions of respondents. For question 6, the P-value 0.05 means that there is

a significant difference between the opinions of respondents due to different years of

experience. In fact this is due to a difference between respondents with years of

experience '' Less than 6 years " and respondents with "More than 10 years".

261

Appendix 8. A legal document “deed” dating back to the Ottoman period

: イェة ノΒよ دار

ヶハرゼャرث اΗاよ اレΒャة إヤダわヨャا ヶルΚヘャا モエヨャا ヶプ اレャヶه ヶわャدار اャرا اヨハ اレバよ دホヮルهو أ ロرΑرエゎょらシ _ Κヘシوا وヤハ هاバΒヨィ اهاΑإ ロاレバよ

ΑواリΒル وリΒガらトョ وョرノョペヘゎ آヨヤا Βプها Κよリョط وイェارة وィدراルا واヮヘボシ وهジヨカヶة ジョاآΒヤヘシリة ボバレョدة よاイエャارة وゼハرة ヤハوΑة وإ

وボェوホها اバらわゎヶわャها セرハا イョリョري ョاもها وジョري هواها وョرイヤゎヶョها وآاプة ャواボェها اゼャرΒハة وآاプة .........................وょゼカ و

ゎا ョاΒッا Βツヨョا ョرΒハا セ Κよرط وャペヤバゎ Ιواボェها اゼャرΒハة ذآرت أو ゎユャذآر ホリヨんよدرロ وΒよاヮル آذا وآذا バΒよا エΒエタا セرΒハا ホاバデا よا

وビ Ιرロ وΙ إآراロ وΙ إらィار وゃイヤゎ Ιة وΙ اトッرار ょビ اΒわカΙار واらわハΙار よإイΑاب وらホول タادرよリΑاャرヶッ واんΑΗار واトャواΒハة

わハΙكر واジャرض واヨャا リョ ةョΚジャاよブΒヤكわャوغ واヤらャة واΑرエャا リョ اハرセ رةらわバヨャال اエャا ヶプ اレョモار إذ آΒわカΙوا ょィوΑ اヨヤوآ ロوا

ロاらわセΙاد واジヘャال . اヨكャام واヨわャاよヮヤر آトジヨャا リヨんャرر اエヨャا リョ اレツらホ دホو......................... ヶハرゼャد اボバャري هذا اィ دホゑΒェو

ジャهو واノΒらャ اヨャرょビヶハ اボわャوユΑ واリΒヨんわャ واらわハار آヨヤا ょイΑ اらわハارセロرハا ェررルاΒよロدロ هذا اダャك Βらヤャان واΒわェاデا واヘわェاニا リョ ا

) واذルا よاゼャهادة レΒヤハا よذャك ヮバΒヨィ أエタاب اヨシΕاء اヨャرホوョة よذヮヤΑ , واΒジレャان レわョΙاع اモヤバャ واレャزاع وユジェ آモ دハوي

Ebied & Young (1975:13).

262

Appendix 9. The FIDIC contract (Fédération Internationale Des Ingénieurs-

Conseils)

PART I GENERAL CONDITIONS

DEFINITIONS AND

INTERPRETATION

ゼروط اバャاョة اャ: اイャزء الأول

: اバわャرヘΑات واΒジヘわャر

DEFINITIONS

: اバわャرヘΑات

1-1 ヶルا娃娃娃娃バヨャة ا娃娃娃娃Βャاわャات اエヤトダ娃娃娃娃ヨャات وا娃娃娃娃ヨヤكャذ ا娃娃娃娃カأゎ آヨا ورد バゎرヨΒプヮヘΑا バよد ( اダダガヨャة ャها ヶプ هذا اボバャد

: ョا ヂわボΑ ユャ اΒジャاق Βビرها )

وダ娃娃ボΑد ヮ娃娃よ اゾガゼ娃娃ャ اヨジ娃娃ヨャى : " رب اモ娃娃ヨバャ ) " 1 (-أ ヶプ كャذよ

ロاؤ娃娃娃娃ヘヤカروط وゼ娃娃娃娃ャا ロذ娃娃娃娃ه リ娃娃娃娃ョヶルا娃娃娃娃んャزء ا娃娃娃娃イャا ヶプ ونΒルوルاボャا

ヮ娃よ دダボΑ Ιة وヘダャا ロاول ( هذ娃ボヨャة ا娃ボプواヨよ Ιإ اエヨャال )

ゾガゼャهذا ا リョヮΒャإ .

وダボΑد ヮよ اゾガゼャ اャذي モらホ رب " : اボヨャاول ) " 2 (

モヨバャا

Ιة ، وヘダ娃ャا ロهذ ヶプ ونΒルوルاボャا ロاؤヘヤカو ロاؤトハヮよ دダボΑ

) モ娃ヨバャة رب اボプواヨよ Ιذا ) إ娃ه リ娃ョヮ娃Βャال إ娃エヨャا ゾガゼャا.

1-1 In the Contract ( as

hereinafter defined ) the

following words and

express ions shall have

the meanings hereby

assigned* to them, except

where the context

otherwise requires :

(a) (i) " Employer"

means** the person

named as such in part

II of these Conditions

and the legal

successors in title

*** to such person ,

but not ( exce pt with

the consent of the

Contractor ) any

assignee of such

persons.

)3( " リデاらャا リョ اولボヨャا : " ゾガセ أي ヮよ دダボΑو

ヶプヶヨシ

اボバャد ボョاوΙت リョ اらャاイャリデزء リョ ا娃ヨハΕال ، أو أي

娃らャا娃ィリ娃ハリデزء ユ娃ゎゾガセ اバわャا娃ホد リ娃ョヮ娃バョ ا リョ اヨハΕال

(ii) " Contractor "

means the person

whose tender has been

accepted by the Employer

and the legal successors

in title to such person,

but not ( except with the

consent of the Employer )

263

娃娃any assignee ofذا

such person.

娃هャリΒΒルوルا娃娃娃ボャاء ا娃娃娃ヘヤガャدس وا娃娃娃レهヨャة ا娃娃娃ボプواヨよヶプゾガゼャا

هذロ اヘダャة وダボΑ Ιد ヮよ أي エョال إリョヮΒャ ه娃ذا ゾガゼャا

( iii )

"Subcontractor" means any

person named in the

Contract as a

Subcontractor for a part

of the works or any

person to whom a part of

the works has been .

Subcontracted with the

consent of the Engineer

and the legal successors

in title to such person,

but not any assignee of

any such person .

* ろヨィرゎ"hereby assigned " ىャها " إャ ةダダガヨャا ヶルاバヨャها " اよ ةΒレバヨャا リョ Ιًدよ "

.テらツャ اΒダャاビة اバャرΒよة " ダボΑد ヮよ " إャى " レヤツプ "meansا ゎرヨィة **

*** ろヨィرゎ "legal successors in title " ىャة " إヘダャا ロهذ ヶプリΒΒルوルاボャا ロاؤヘヤカ " ヶプブヤガャن، اΕ

.واエヨャال إヘヤカヮΒャا カاタا . Αكون カاタاً أو ハاョا اボャاルون اダヨャري ホد

" .أدよ " ろヤカدリョ Ι " أろボエャ " إャى " レヤツプ "incorporatedا ゎرヨィة *

** ろヨィرゎ "included " ىャها " إヤヨゼΑ . "

" .أィرろΑ " إャى " レヤツプ "madeا ゎرヨィة ***

.أわャろヘΒッوウΒッ اレバヨャى ****

ه娃娃娃ا آモ娃娃娃 اャر娃娃娃シوョات وダ娃娃娃ボΑد よ" : اャر娃娃娃シوョات ) " 3(واジ娃娃娃娃娃エャاよات ، واヤバヨャو娃娃娃娃娃ョات اゼヨャاよهة واホヶわャدョها اヨャهレدس

ا娃ボバャد ، وآ娃ذャك آモ娃 اャر娃シوョات واジ娃エャاよات وا娃娃レΒバャات واヨルΕاط واヨレャاذج ودモΒャ اモΒピゼわャ واΒダ娃ャاルة وΒビره娃ا ヶ娃娃わャهة واよاゼ娃娃ヨャة ا娃娃バΒらトャة ذات ا娃娃Βレボわャات ا娃娃ョوヤバヨャا リ娃娃ョ

ا娃娃娃娃娃Βレボわャة ذات ا娃娃娃娃娃バΒらトャة ょ娃ィوヨよ اول娃ボヨャى ا娃ャإ

(iii) " Drawings" means

all drawings

calculations,

calculations , and

technical information of

264

.ボヨャاول وタادق Βヤハها اヨャهレدس ボゎدم よها ا

وダボΑد よها ホا娃ヨもة اャك娃Βヨات " : ホاヨもة اャكΒヨات " )4(リ娃娃娃ョ ًزءا娃娃娃ィ د娃娃娃バゎヶ娃娃娃わャاة واプوわジ娃娃娃ヨャرة واバジ娃娃娃ヨャا

. اトバャاء

a like nature* provided

** by the Engineer to the

Contractor under the

Contract and all drawings

, calculations, samples ,

patterns, models ,

operation and maintenance

manuals and other

technical information of

a like nature submitted

*** by the Contractor and

approved by the

Engineer .

وダ娃娃娃娃ボΑد 娃娃娃娃ハヮ娃娃娃娃よرض ا娃娃娃娃ボヨャاول " : ا娃娃娃娃トバャاء " )5(اバジ娃娃ヨャر ا娃娃ボヨャدم إ娃娃ャى رب ا娃娃Βヘレわャモ娃娃ヨバャذ وإ娃娃ヨゎام اヨハΕال وإΚタح أΑة 娃Βハوب Βプه娃ا و娃ボプا ェΕك娃ام

ろ娃娃娃ヨゎ اヨャوا娃娃娃ボプة 娃娃娃トカヶ娃娃娃プヮ娃娃娃Βヤハاب ا娃娃ボバャد ، آ娃娃娃ヨا .اらボャول

(iv) " Bill of

Quantities" means the

priced and completed bill

of quantities forming

part of the tender .

وダボΑد ヮ娃よ ا娃ボャول اャرトカ : " ヶヨ娃シاب اらボャول " )6( モヨバャرب ا モらホリョ اءトバヤャ.

إن ( وダ娃ボΑد よه娃ا اヘゎا娃Βホة ا娃ボバャد " اヘゎاΒホة ا娃ボバャد " )7( .1-9اゼヨャار إΒャها ヶプ اレらャد اヘャرヶハ ) وィدت

(v) " Tender " means the

Contractor's priced

offer to the

Employer f or the

execution and

completion of the

works and the

remedying* * * * of

any defects therein

in accordance with *

* * * * the

provisions of the

Contract , as

accepted by the

letter of Acceptance

.

(vi) " Letter of

Acceptance" means

the formal

acceptance by the

Employer of the

265

(vii) "Contract Agreement"

means the contract

agreement ( if any )

referred to in Sub

clause 9.1

" .ذات اバΒらトャة اヨヨャاヤをة " よدリョ Ιً " ذات اバΒらトャة اゼヨャاよهة " إャى " レヤツプ "of like natureا ゎرヨィة *

" .ホدم " إャى " レヤツプ "Providedا ゎرヨィة **

*** ろヨィرゎ "submitted " ىャدم " إボゎ " リΒヌヘヤャا リΒよ ةホرヘわャاح اツΑΗ .

" .バョاイャة " よリョدΙً" إΚタح " إャى レヤツプremedyingا ゎرヨィة ****

" . ボらデا " よدリョ Ι " وボプا " إャى レヤツプin accordance withا ゎرヨィة *****

" .よ " ヮレヨツわΑدモヨわゼΑ " リョ Ι " إャى " レヤツプ "comprisedا ゎرヨィة *

notice" وゎر娃ヨィة " ا娃わよΙداء " よدゎ " リョ ΙًارオΑ اらャدء " إャى " レヤツプ "Commencement Dateا ゎرヨィة **

to commence " ىャإ " モヨバャدء اらャ ارトカΕا.

.ツョاプة わャوウΒッ اレバヨャى ***

" .آヨا ذآر よ " ヶプدリョ Ι " آヨا ورد ゎas stated in " ヶプرレヨィا ****

.اエヨャددة ヶプ اボバャد " よدリョ Ι " اレΒバヨャة ヶプ اボバャد " إャى レヤツプspecifiedا ゎرヨィة *****

ا娃娃ヨャذآور وダ娃ボΑد よه娃娃ا ا娃ヨΒホ : " ヒ娃ヤらヨャة ا娃娃ボバャد ) " 1 (-ه娃 ـ トカヶプاب

اらボャول Βャدノプ إャى ا娃ボヨャاول 娃Βヌルر 娃Βヘレゎذ ا娃ヨハΕال واヨゎاョها

وإΚタح ョا よペエヤΑها 娃Βハリ娃ョوب و娃ボプا ェΕك娃ام .اボバャد

وダ娃娃ボΑد よه娃娃ا 娃娃ヨイョوع " : ا娃娃らヨャاヒャ ا娃娃イわエヨャزة ) " 2 (

ヒャاらヨャا

ا娃娃娃イわエヨャزة バヨよر娃娃娃プة رب اモ娃娃娃ヨバャ أ娃娃娃ヨハا娃娃娃レらヤャ Ιد ヶハرヘャا

) .أ ( 2ـ60

(e) (i) " Contract price

" *means the sum stated

in the letter of

Acceptance as payable to

the Contractor for the

execution and completion

of the works and the

remedying of any defects

therein in accordance

with the provisions of

the Contract .

(ii) " Retention

Money" ** means the

266

aggregate of all monies

retained by the Employer

pursuant to Sub –

Clause

60.2 (a) . وダ娃ボΑد よه娃ا 娃セهادة دセ : " ノ娃プهادة دノプ وΒわホة ) " 3 (

ダΑدرها

. اヨャهレدس Κガよف セهادة اャدノプ اレャهاΒもة

وダ娃娃ボΑد よه娃娃ا 娃娃セهادة د娃娃セ : " ノ娃娃プهادة دルノ娃娃プها娃娃Βもة ) " 4( ダΑدرها

(iii) "Interim

payment Certificate "

means any certificate

of payment issued by

the Engineer other than

the Final payment

Certificate.

ヶハرヘャد اレらヤャ اボらデ دسレهヨャ08 ـ 60 ا.

وダ娃娃娃ボΑد よه娃娃娃ا ا娃娃娃ヨハΕال اャدا娃娃娃ヨもة " : 娃娃娃ヨハال اΕ) " 1 (-و

واヨハΕال

. اヨャوわホة أو إェداهヨا ょジェ اェΕوال

وダ娃娃娃ボΑد よه娃娃娃ا ا娃娃娃ヨハΕال " ا娃娃娃ヨハΕال اャدا娃娃娃ヨもة ) " 2 (

ヨよا ( اャداヨもة

.اΒヘレゎリΒバわΑ ヶわャذها وボプاً ボバヤャد ) Βプها اΙΓت

(iv) "Final payment

Certifi cate " means the

certificate of payment

issued by the Engineer

pursuant to sub- clause

60.8.

(f) (i) "Works" means

the permanent works and

the Temporary works or

either of them as

appropriate .

(ii) " permanent works"

means the permanent works to

be executed (including

plant) *** in accordance

with the Contract .

.اわェراョا バヤャرف اイャاري ヶプ هذا اゼャأن " リヨを اボバャد " よدヨΒホ " リョ Ιة اボバャد " إャى " レヤツプ "Contract priceا ゎرヨィة *

** ろヨィرゎMoney ىャا إレه " ヒャاらョ " رفバャا ノョ اΑرィ.

.わェى ノョペヘわゎ اダボヨャود リョ اバわャرΙへ " ブΑت " إャى plantاわカرルا ゎرヨィة ***

وダ娃娃娃ボΑد よه娃娃ا آモ娃娃 اΕ" : ا娃娃ヨハΕال اヨャؤ娃娃わホة ) " 3( ろ娃娃ルوع آا娃娃ル أي リ娃娃ョ ة娃娃わホؤヨャاول ( ا娃娃ボヨャدات ا娃娃バョ فΚ娃娃カ (

اヤトヨャو娃娃娃娃よة ヶ娃娃娃娃プ أو ダ娃娃娃娃ガよوص 娃娃娃娃Βヘレゎذ وإ娃娃娃娃ヨゎام ا娃娃娃娃ヨハΕال

娃娃娃ヨハ (iii)ال " Temporary

works" means all

267

.وإΚタح أي Βハوب Βプها

وダボΑد よه娃ا اヨャاآ娃レΒات واィΕه娃زة و娃ョا " : اΙΓت ) " 4(

娃娃ゎヶ娃わャك ا娃ヤゎ أو ، モكゼ娃ゎ ا أن娃娃هよ راد娃Α ヶ娃わャهها اよا娃セモバヘャاよ *[リョ زاءィ ةヨもداャال اヨハΕا .

وダ娃娃ボΑد よه娃娃ا ノ娃娃Βヨィ اィΕه娃娃زة " : 娃娃バョدات ا娃娃ボヨャاول ) " 5() Κ娃娃ガよف ا娃娃ヨハΕال اヨャؤ娃娃わホة ( واΒ娃娃セΕاء أ娃娃Αا آ娃娃ان ルوハه娃娃ا

اヤトヨャوよة Βヘレわャذ وإヨゎام اヨハΕال وإΚタح أΑة Βハوب Βプه娃ا إΙ أルها モヨゼゎ Ι اΙΓت واヨャواد أو Βビرها リョ اΒ娃セΕاء .

ヶ娃わャك اヤゎ أو モكゼゎ ها أنよ رادΑ ヶわャا モكゼ娃ゎ ] モ娃バヘャاよ * [

.ィزءا リョ اヨハΕال اャداヨもة

(iv) " plant" means

machinery, apparatus

and the like

intended to form or

forming part of the

permanent works .

)4( " ユジボャا : " ヮダ娃カ الヨハΕا リョ زءィヮよ دダボΑو ユジボャا ブタوよ دボバャا.

(v) " Contractor's

Equipment" means all

appliances and

things of whatsoever

nature (other than

Temporary works )

required for the

execution and

completion of the

works and the

remedying of any

defects therein but

does not include

plant, materials or

other things

intended to form or

forming part of the

permanent works .

(vi) " Section" means a

part of the works

specifically

268

* ヶャاわャا モΒヤャا ブダわレョ ىャرة إセاらョモΒヤャا ブダわレョリョ دأらΑ ذيャوم اΒャة ( وهو اハاシリΑرゼハو ノよأر. (

Interpretation : اΒジヘわャر

モヨゼ娃娃ゎ اャك娃娃ヨヤات اャدا娃娃ャة 娃娃ヤハى أガ娃娃セاص أو أ娃娃デراف 1-3 . ヮャユΒヌレゎ أهΒヤة ホاルوΒルة اヨャؤジシات واゼャرآات وأي

اノヨイャ واヘヨャرد

1-4 ノ娃

1-3 Words importing

persons or parties shall

include firms and

corporations and any

organization having legal

capacity.

娃ヨイャى ا娃娃ャرد إ娃娃ヘヨャى ا娃ヤハ ة娃娃ャداャات ا娃娃ヨヤكャرف اダ娃レゎ .أツΑا واバャكよザاバャكザ أヨレΑا ょヤトゎ اΒジャاق ذャك

Singular and plural الإトカارات واヨャواボプات واダヨャادホات

1-4 Words importing

the singular only also

include the plural and

vice –versa where the

context requires .

:واゼャهادات واボャرارات

娃娃娃ヨんΒェا ゾレ娃娃娃Α ا娃娃娃ボバャد 娃娃娃ヤハى ゎوヮ娃娃娃Βィ أو إ娃娃娃タدار أي 1-5

أو 娃セهادة أو ا娃ガゎاذ 娃ホرار أトカار أو ョواボプة أو ダ娃ョادホة リ娃娃娃娃ョ أي ょ娃娃娃娃イΒプゾガ娃娃娃娃セ أن Αك娃娃娃娃ون ه娃娃娃娃ذا ا娃娃娃娃トカΗار أو اヨャواボプة أو اダヨャادホة أو اゼ娃ャهادة أو ا娃ボャرار ، ョكわو娃よاً ، ョاヤハゾレΑ ユャى Βビر ذャك ، آヨا ょイΑ أن ゎؤول اャكヨヤات

娃娃娃娃ヤハى ا娃娃娃娃エレャو " 娃娃娃娃ボΑرر " أو " ゼ娃娃娃娃Αهد " أو " 娃娃娃娃トガΑر " و娃娃イΑ Ιوز دون 娃娃ボバョょら娃娃シول ا. ا娃娃ボわヨャدم

اわャراヤゎ ، ヶプヶカك اヨャواボプة أو اダヨャادأو أو اボャرار

، リ娃娃ハ اع娃娃レわョΙホة أو اゼ娃ャهادة

Notices, Consents,

Approvals,

اヨャهレدس وモんヨョ اヨャهレد س

.واらィات اヨャهレدس وわトヤシه

ヤハ ] ヮ娃ャى اヨャهレدس أن ヘレΑذ اャوا娃らィات ا娃エヨャددة ) أ 2-1 .ヶプ اボバャد ] *

Certificates and

Determinations

1.5 Wherever in the

Contract a provision is

made for the giving or

issue of any notice ,

consent, approval,

certificate or

determination by any

person, unless other wise

specified such notice,

consent , approval,

269

certificate or

determination shall be in

writing and the words "

determine" shall be

construed accordingly .

Any such consent,

approval, certificate or

determination shall not

unreasonably be withheld

or delayed.

ENGINEER AND ENGINEER'S

REPRESENTATIVE

Engineer's Duties and

Authority

2.1 (a) The Engineer shall

carry out the duties

specified it the contract .

.أわャろヘΒッوウΒッ اレバヨャى *

ノΒトわジΑ اヨャهレدس أن らΑا娃セر اトヤジ娃ャات ا娃エヨャددة ) ب ヶプヮャ

اボバャد أو ヤゎك اヘわジゎヶわャاد よاツャرورة リョ اボバャد ، ヮルى أヤハ

إذا آان ヤトョو娃よا リ娃ョ اヨャه娃レدس ، 娃ボらデاً ゼ娃ャروط リョヮレΒΒバゎ

رب اモ娃娃ヨバャ ، أن 娃娃ヤハモダ娃娃エΑى ダ娃娃ゎد娃娃カペΑاص ョ رب リ

اらョモ娃娃らホモ娃娃ヨバャا娃娃セرة أي リ娃娃ョ ه娃娃ذロ اトヤジ娃娃ャات ، وΒよょィان

. اヤトヨャوب ヶプ اイャزء اんャاリョヶル هذロ اゼ娃ャروط

ウレ娃ョ دホ وبヤトョペΑدダゎ ر أن أيらわバΑ كャذ リハ Κًツプو ろ娃ルة آاトヤシ دسレهヨャر اセاよ اヨヤآ モヨバャرب ا リョモバヘャاよ

ヮらヤトわゎ.

(b) The Engineer may

exercise the authority

specified in or

necessarily to be

implied from the

Contract provided ,

however , that if the

Engineer is required,

under the terms of his

appointment by the

Employer , to obtain

the specific* approval

of the Employer before

exercising** any such

authority ,

particulars of such

270

requirements shall be

set out in part II of

these Conditions .

Provided further that

any requisite approval

shall be deemed to

have been given by the

Employer for any such

authority exercised by

the Engineer.

ا ホد ヮΒヤハゾレΑ اボバャد ヨヤャザΒャهレدس よاレんわシاء ョ) ج

リ娃娃ョ أي リ娃娃ョ اول娃娃ボヨャاء ا娃娃ヘハة إトヤ娃娃シ ، ةェرا娃娃タ

ヮゎاョزاわャا

. ボらデا ボバヤャد

: モんヨョ اヨャهレدس 2-2 Ιًوゃジ娃娃ョ ون娃娃كΑ ، ヮ娃娃ャ Κん娃娃ヨョ دس娃娃レهヨャا リΒ娃娃バΑ

، ヮョاョأ

ヮ娃ッوヘΑ ヶわャات اトヤジャر اセاらΑات ، وらィواャذ اヘレΑو Βプها

らヤャ اボらデ دسレهヨャا ヶハرヘャد اレ2-3

ヂΑوヘわャة اトヤシ دسレهヨヤャ :

2-3 ヶプ ةヤんヨョ وضヘΑ ر ، أنカへ ىャإ ろホو リョ دسレهヨヤャ اΒボャام

よأي リョ اャواらィات واトヤジャات اレヨャو娃デة よاヨャه娃レدس آヨا أن .

(c) Except as expressly

stated in the

contract, the Engineer

shall have no

authority to relieve

the Contractor of any

of his obligations

under the contract .

Engineer's Representative ろホأي و ヶプヂΑوヘわャاء هذا اピャإ ヮャ .

2.2 The Engineer's

Representative shall be

appointed by and be

responsible to the

Engineer and shall carry

out such duties and

exercise such authority

as may be delegated to

him by the Engineer under

Sub-Clause 2.3

Engine may from time to time

delegate

2.3 The Engineer

may from time to time

delegate to the

Engineer's Representative

any of the duties and

authorities vested in the

271

Engineer and he may at

any time revoke such

delegation .

* ろヨィرゎspecific ىャاص " إカ " ىレバヨャا ウΒッوわャ اقΒジャهذا ا ヶプ.

" .ヨョارシة " よدらョ " リョ Ιًاセرة " إャى レヤツプexercisingا ゎرヨィة **

و娃ヘレΑ Ιذ . وょイΑ أن ユわΑ اヘわャوヂΑ أو ا娃ピャΗاء ، آわا娃よة モ娃ヨバャرب ا リ娃ョモ娃ى آ娃ャإ ヮ娃レョ ورةタユヤジゎ د أنバよ Ιإ

.واボヨャاول

Αك娃ون 娃娃ヨャا モ娃娃んヨョヮ娃娃ピヤらΑ اヨャه娃娃レدس إ娃娃ャى ا娃娃ボヨャاول ، و娃娃ボプا ヘわヤャوヂΑ اヨャذآور ، ザヘル اをΕر آヨا ャو آان ホد 娃タدر

ヮルة أトΑرセ دسレهヨャا リョ :

Any such delegation or

revocation shall be in

writing and shall not take

effect until a copy thereof

has been delivered to the

Employer and the

Contractor.

إذا プات モんヨョ اヨャهレدس أن Αرヂプ اダ娃わャد娃ヤハペΑى ) أモ娃娃ガΑ リ娃娃ヤプ ذ娃娃ャك トヤジ娃娃よة أي モ娃娃ヨハ أو 娃娃ョواد أو Ιへت ،

ロذ娃أو ه モ娃ヨバャذا ا娃ى ه娃ヤハペΑدダわャا ヂプヶプ دسレهヨャا ウΒエダわよヮゎاヨΒヤバゎ دارタإ ヶプت وΙΓواد أو اヨャا [ اョ

ヮツプر. * [

Any communication given by

the Engineer's

Representative to the

Contractor in accordance

with such delegation shall

have the same effect as

though it had been given by

the Engineer.

Provided that :

إذا ョا 娃ボヨヤャリ娃ハاول اわハرا娃ッا ゼ娃よأن 娃ョا أヮ娃よヮ娃ピヤよ ) بモ娃娃んヨョ اヨャه娃娃レدس ، 娃娃ボヨヤヤプاول أن モ娃娃ΒエΑ اヨャو娃娃ッوع إ娃娃ャى ヮ娃娃Βヤハモヨわ娃娃セا ا娃娃ョ د娃娃ؤآΑ أن ヮ娃娃ャ ون娃娃كΑ ذي娃娃ャدس ا娃娃レهヨャا

ヮルوヨツョリョ رΒピΑ أو ヮΒピヤΑ غ أوΚらャا.

リΑدハاジヨャا リΒΒバゎ :

2-4 リ娃娃娃娃娃ョ دد娃娃娃娃娃ハ أي リΒ娃娃娃娃バΑ أن ヮ娃娃娃娃娃ヤんヨョ دس أو娃娃娃娃レهヨヤャ娃娃娃Βボャا ヶ娃娃娃娃プ دس娃娃娃娃レهヨャا モ娃娃娃娃んヨョ دةハاジ娃娃娃娃ヨャ اصガ娃娃娃娃セΕا

ヶ娃娃娃ハرヘャد ا娃娃娃レらャا ヶ娃娃娃プ واردة娃娃娃ャا ヮ娃娃娃ゎاらィواよ2-2 ، إ娃娃トカار ا娃娃ボヨャاول よأヨ娃娃シاء ووا娃娃らィات و娃娃ョدى トヤ娃娃シات

トヤ娃シリة وャザΒ娃ャه娃ؤΙء اジ娃ヨャاハدΑ . هؤΙء اガセΕاص .إタدار ヨΒヤバゎات إャى اボヨャاول

娃ام ヮ娃娃娃Βヤハو

(a) any failure of the

Engineer's

Representative to

disapprove any work,

materials or plant shall

not prejudice the

authority of the

Engineer to disapprove

such work, materials or

plant and to give

instructions for the

rectification thereof.

(b) , if the Contractor

questions any

communication of the

272

l l

confirm, reverse or vary

** the contents of such

communication.

Appointment of Assistants

2.4 The Engineer or the


may appoint any number of

persons to assist the


in the carrying out of his

duties under Sub- Clause 202

. He shall notify to the

Contractor the names,

duties and scope of

authority of such persons.

Such assistants shall have

no authority to issue any

instructions to the

Contractor save in

.أわャろヘΒッوウΒッ اレバヨャى *

. Variationsاわャرヨィة آヨヤة " اΒΒピわャر " わェى バΑ " ウヤトダヨよナヘわエΑدل " إャى レヤツプvaryا ゎرヨィة **

إヶプ Ι اエャدود اゎヶわャكون Βプها هذロ اヨΒヤバわャات ッرورΑة ヨわャكレΒهリョユ أداء واらィاゎهユ وらホリョول ヨヤャواد أو اΙΓت

バヤャ ة娃娃娃ボよاトョろ娃娃娃ルا آا娃娃娃ョ ة إذاΒバレダ娃娃娃ヨャد أو ا娃娃娃ボ . ر娃娃娃らわバゎوا娃娃ヨΒヤバわャات اダ娃娃ャادرة リ娃娃ハ أي レ娃娃ョه娃娃ビΖャユراض اジ娃娃ャاボよة

. んヨよاよة ヨΒヤバゎات タادرة モんヨョリハ اヨャهレدس

So far as such instructions

may be necessary to enable

them to carry out their

duties and to secure their

acceptance of materials,

plant or workmanship as

being in accordance with

the contract, and any

instructions given by any

273

: آわاよة اヨΒヤバわャات ] * وィوب[ ダΑدر اヨャهレدس Βヨヤバゎاヮゎ آわاよة ، وノョ ذ娃ャك إذا 娃ョا 2-5

バプ ، اهةヘ娃娃娃セ دارها娃娃娃タرورة إ娃娃娃ッ ا娃娃娃ョょらジ娃娃娃ャ رأىر اわャأآ娃娃娃Βد و娃娃娃らわバΑ. ا娃娃娃ボヨャاول أن ノ娃娃娃ΒトΑ ه娃娃娃ذロ ا娃娃娃ヨΒヤバわャات

اャكわاャヶよهذロ اヨΒヤバわャات اヘゼャهΒة اダャادرة リハ اヨャه娃レدس んヨよاよة ヨΒヤバゎات ヘョヶプهوم هذا اレらャد اヘャر娃シヶハواء 娃ィاء ه娃娃ذا اわャأآ娃娃Βد 娃娃シاボよاً أو 娃娃ボェΙاً 娃娃ヤハى 娃娃Βヘレゎذ ه娃娃ذロ ا娃娃ヨΒヤバわャات اヘゼャهΒة ، وリハ Κًツプ ذ娃ャك ، إذا آ娃ان ا娃ボヨャاول ، Κ娃カل

ホ ، ヮΒャة إΒهヘゼャات اヨΒヤバわャدور اタリョ امΑة أバらシ د أآدهاآわا娃娃よة ヨヤャه娃娃レدس ، وツ娃娃ボレΑ ユ娃娃ャها اヨャه娃娃レدس آわا娃娃よة Κ娃娃カل

. バらシة أΑام أカرى ، اらわハرت أルها ヨΒヤバゎات اヨャهレدس

娃娃娃ヤى

of them for those purposes

shall be deemed to have

been given by the

Engineer's Representative.

Instructions in Writing

ペらトレゎ أェكام ه娃ذا ا娃レらャد اヘャرヶ娃ハ أツ娃Αا 娃ヤハى ا娃ヨΒヤバわャات ヮ娃娃娃ヤんヨョ ديハاジ娃娃娃ョ دس أو娃娃娃レهヨャا モ娃娃娃んヨョリ娃娃娃ハ ادرةダ娃娃娃ャا

ヶハرヘャد اレらヤャ Ιاヨハأ リΒレΒバヨャ4-2ا.

2.5 Instructions given by

the Engineer shall be in

writing, provided that if

for any reason the Engineer

considers it necessary to

give any such instructions

orally, the Contractor

shall comply with such

instruction. Confirmation

in writing of such oral

instructions given by the

Engineer, whether before or

after the carrying out of

the in struction, shall be

deemed to be an instruction

within the meaning** of

this Sub – Clause.

: ن ダわΑرف Βエよدة اヨャهレدس أ] **** ヤハى [

2-6 ヮわトヤ娃娃シ دس娃娃レهヨャارس ا娃娃ヨΑ د أن娃娃ボバャى اツ娃娃わホا ا娃娃ヨヤآ ヶプ ةΑرΑدボわャا Provided further that if

the Contractor, within 7

days, confirms in writing

to the Engineer any oral

instruction of the Engineer

and. such confirmation is

not contradicted in writing

within 7 days by the

Engineer, it shall be

deemed to be an instruction

of the Engineer.

The provisions of this Sub

– Clause shall equally

apply to instructions given

by the Engineer's

Representative and any

assistants of the Engineer

or the Engineer's

274

Representative appointed

pursuant to Sub-Clause 2.4

Engineer to Act Impartially

2.5 wherever **** under the

Contract , the Engineer is

required to exercise his

discretion by .أわャろヘΒッوウΒッ اレバヨャى *

** ろヨィرゎ"within the meaning " ىャهوم "إヘョヶプ " ザΒャى " وレバョヶプ " ةビاΒダャر اΒジΒわャ.

.أよΗ ろヘΒッراز ヘタة اャΗزام ヶプ اレバャوان ***

**** ろヨィرゎ "wherever " ىャا"إヨヤارة " آらバャا テΒジらわャ اヨレΑأ リョ Ιدよ

(a) giving his decision,

opinion or consent, or

إタدار ホرار أو إよداء رأي أو ョواボプة أو ـ ) أ

أو . اΒらバわャر リハ رッاロ أو ダョادヮわホ ) ب

エゎدΑد اヨΒボャة ) ج

Βボام よأي ダゎرف カへر ョاャ) د娃娃娃娃ヤハى 娃娃娃娃ボェوق أو اわャزا娃娃娃娃ョات رب اモ娃娃娃娃ヨバャ أو

.اボヨャاول

セリأヮル أن 娃Αؤをر (b) expressing his

satisfaction or approval

, or

(c) determining value, or

(d) otherwise taking action

which may affect the

rights and obligations of

the Employer or the

Contractor .

ロذ娃娃娃ة ه娃娃娃シارヨョヶ娃娃プ دة娃娃娃Βエャا ヶ娃娃娃ハراΑ أن ヮ娃娃Βヤバプاトヤジ娃娃ャة اボわャدΑر娃娃Αة و娃娃ボプاً ゼ娃娃ャروط ا娃娃ボバャد وأ娃娃カذا

وヨΑكヶ娃娃娃プ . リ娃娃娃 ا娃娃娃らわハΙار 娃娃娃ヨイョوع ا娃娃娃ヌャروف إ娃娃ハادة 娃娃デرح ، أو ョرا娃娃バィة ، أو 娃娃バゎدモΑ ، أي

リハ اャر娃ッا ホرار أو رأي أو ョواボプة أو Βらバゎر

[ أو ダ娃娃娃ョادホة أو エゎد娃娃娃Αد 娃娃娃ヨΒボヤャة أو ダ娃娃娃ゎرف

و娃娃娃娃ボプاً 娃娃娃娃ヨャا ه娃娃娃娃و ] * 娃娃娃娃タادر リ娃娃娃娃ョ اヨャه娃娃娃娃レدس .ダレョ67وص よヮΒヤハاレらャد

リデاらャا リョ دホاバわャة واャواエャا :

:ェواャة اボバャد

3-1 モ娃娃ヨバャة رب ا娃娃ボプواョ دون娃娃よ ، اول娃娃ボヨヤャ وز娃娃イΑ Ι

وهョヶوا娃ボプة ょ娃イΑ ، ر娃ヨビا ( اボらジヨャة ، ن 娃わゎرك ヂ娃エヨャ ، أ リハ1-5 أェكام ، ا娃ボヘャرة モ娃娃娃ヨバャر رب اΑد娃娃娃ボゎ ( د أو أي娃娃娃ボバャول ا娃娃娃エΑ إن

ヮ娃娃Βプ ة واردةエヤダ娃娃ョ أو ペ娃娃ェ أو أي ヮ娃娃レョ زء娃娃ィペΑرデリハ Ιإ ، ヮレハ ةゃセاル أو :

He shall exercise such

discretion impartially

within the terms of the

Contract and having regard

to all the circumstances

Any such decision, opinion,

consent, expression of

satisfaction, or approval,

determination of value or

action may be opened up ,

reviewed or revised as

provided in Clause 67.

ダャاレよウャوك اボヨャاول ヤハى أي ** رهリ ) أ أو ] * 娃娃娃ボヨヤャاول [ أ娃娃娃ョوال ボエわジ娃娃娃ョة

ペエわジわシ ] ヮャ * [ د ، أوボバヤャ ًاボらデ

ヶ娃娃娃娃プ (ェوا娃娃娃娃ャة إ娃娃娃娃ャى 娃娃娃娃ョؤリョ ا娃娃娃娃ボヨャاول ، ) ب

ASSIGNMENT AND SUBCONTRACTIONG

Assignment of Contract

3.1 The Contractor shall no t ,

275

ا娃娃エャاΙت اΑ ヶ娃娃わャك娃娃ون Βプه娃娃ا ا娃娃ヨャؤ娃娃ホリョد ヮ娃娃娃レハ اول أو أدى娃娃娃ボヨャر اもاジ娃娃娃カ وض娃娃娃ハ

ヮゎاョزاわャا ヮレハ اول أو أدىボヨャر اもاジカ (

، ペ娃娃娃エャ ا娃娃娃ボヨャاول ヶ娃娃娃プ اダ娃娃娃エャول 娃娃娃ヤハى اバわャوリ娃ョヂΑ أي 娃デرف 娃カへر ゃジ娃ョول

ヮレハ.

without the prior consent

of the Employer (which

consent, notwithstanding

the provisions of Sub-

Clause 1.5, shall be at

the sole discretion of

the Employer ) , assign

the contract or any part

thereof , or any benefit

or interest therein or

thereunder, o t herwise

than by .

(a) a charge in favor of

the Contractor's

bankers of any

monies due or to

become due under

the Contract , or

(c) assignment to the

Contractor's insurers

( in cases where the

insurers have

discharged***

(d) the Contractor's

loss or liability) of

the Contractor's right

to obtain relief****

against any other

party liable. .أわャブΒッوウΒッ اレバヨャى *

.وペらトレΑ Ι هذا اャرهボらデリا ボヤャاルون اダヨャري إΙ إذا آاろル هذロ اョΕوال ホد أودジエャろハاب اボヨャاول ヶプ اレらャك **

*** ろヨィرゎ" discharged" رةョ "وضハ رもاジガャرى " اカرة أョات " وョزاわャΙأدى ا. "

**** ろヨィرゎ "relief " ىャإ " ヂΑوバゎ " ىレバヨャا ウΒッوわャ.

リデاらャا リョ دホاバわャا :

] 娃Βヘレゎذ [ ボヨヤャザΒャاول أن バわΑاホد リョ اらャا娃ヤハリデى 4-1

* モآ

و娃娃ョا ゾレ娃娃Α ユ娃娃ャ ا娃ボバャد 娃娃ヤハى 娃娃Βビر ذ娃娃ャك ، . ا娃ヨハΕال ヮャザΒヤプ أن

Subcontracting

4-1 The Contractor shall not

subcontract the whole of

276

デاらャا リョ دホاバわΑ دون娃よ ال娃ヨハΕا リ娃ョ زء娃ィ ىヤハリョواボプة

و娃娃娃娃ヘバゎ Ιى ه娃娃娃娃ذロ اヨャوا娃娃娃ボプ. اヨャه娃娃娃娃レدس اボらジ娃娃娃娃ヨャة اボヨャاول リョ أΑة

娃ة

リ

the Works. Except where

otherwise provided by

the contract, the

Contractor shall not

subcontract any part of

the works without the

prior consent of the

Engineer . Any such

consent shall not

relieve the Contractor

from any liability or

obligation under the

Contract and he shall be

responsible for the

acts, defaults and

neglects of any

Subcontractor, hi

وバΑد ゃジョوゃジョ . ΙًوΒャة أو اわャزام ルاリハめセ اボバャد リハ

اダわャرプات واΒダボわャر واΗهヨال اダャادر リ娃ハ أي リョ

ユهャا娃ヨハ أو ヮョدカو ユهΒよدوレョو リデاらャا リョヮΒャاوボョ

، آヨا ャو

娃ハ ادرタ الヨهΗر أو اΒダボわャرف ، اダわャآان ا اボヨャاول

ヮャاヨハ أو ヮョدカو ヮΒよدوレョو .

s

ロذ娃娃ى ه娃娃ヤハ ولダ娃娃エャاول ا娃娃ボヨャا リ娃娃ョょ娃娃ヤトΑ Ι ヮ娃娃ルى أ娃娃ヤハモィΕ ةボプواヨャا

ゎوΒプر اヨバャاャة أو ) أ

セراء ョواد トョاボよة バヨヤャاΒΑر اエヨャددة ヶプ اボバャد ، أو ) ب

agents, servants or

workmen as fully as if

they were the acts

defaults or neglects of

the Contractor, his

agents, servants or

workmen.

Provided that the

Contractor shall not be

required to obtain such

consent for :

リ娃娃ョ ا娃娃らャا娃娃ヤハリデى ه娃娃ذا ا娃娃イャزء リ娃娃ョ ا娃娃ヨハΕال اバわャا娃娃ホد ) ج

.اャذي Αكون ボョاوリョヮャ اらャاホリデد ヨシى ヶプ اボバャد

(a) t he

provision of labour , or

(b) the purchase of

materials which are in

accordance with the

standards specified in

the Contract, or

( c ) the

277

subcontracting of any

part of the works for

which the Subcontractor

is named in the Contract

.

278

Assignment of Subcontractor's リデاらャا リョ اولボヨャات اョزاわャة اャواェ

Obligations 4-2 ロا娃娃娃イゎテら娃娃娃ゎد ار娃娃娃ホリデا娃娃娃らャا リ娃娃娃ョ اول娃娃娃ボヨャان ا娃娃娃إذا آ ヶプ ، اولボヨャا

娃娃セأن 娃娃ヘルモ娃娃ヨハذロ أو ツ娃娃よاノも أو 娃娃ョواد أو Ιへت أو

カدョات ،

娃娃娃娃ホدョها ، 娃娃娃娃よاわャزام ヨわジ娃娃娃娃Αر 娃娃娃娃わヘャرة 娃娃娃娃イわゎاوز 娃娃娃娃ョدة リハ ةΒャوゃジヨャا

اΒバャوب اエヨャددة ヶプ اボバャد ، وヤハょィى اボヨャاول ،

ヶプ أي

و娃娃バよろ娃ホد اわルه娃娃اء ه娃ذロ ا娃娃ヨャدة ، أن 娃娃エΑول إ娃娃ャى رب ، モヨバャا

ペ娃娃娃エャا ، ヮ娃娃娃わボヘル ى娃娃娃ヤハر و娃娃娃ΒカΕا ょ娃娃娃ヤデ ى娃娃娃ヤハ اء娃娃娃レよリハめセاレャا

娃娃デوال ا娃娃わヘャرة ] * ا娃娃ボヨャاول リ娃娃ョ ا娃娃らャاリデ [ ا娃娃わャزام اΒボらわヨャة ャهذا

4-2 In the event of a

Subcontractor having

undertaken towards the

Contractor in respect of

the work executed or the

goods, materials, plant

or services supplied by

such Subcontractor, any

continuing obligation

extending for a period

exceeding that of the

Defects liability period

under the Contract, the

Contractor shall at any

time , after the

expi

. اわャΙزام

r : レわジョدات اボバャد

: اピヤャة أو اピヤャات واボャاルون

: ヶプゾレΑ اイャزء اんャاリョヶル هذロ اゼャروط ヤハى 5-1

اピヤャة أو اピヤャات اゎヶわャكよょわها レわジョدات ا娃ボバャد ) أ

، و

ation of such

period, assign to the

Employer, at the

Employer’s request and

cost, the benefit of

such obligation for the

unexpired duration

thereof .

CONTRACT DOCUMENTS

Language / s and law

ホاルون اヤらャد أو اャدوャة اャذي 娃ヤハペらトΑى ا娃ボバャد ) ب ユكエΑو

ヮヤΑأوゎ .

اピヤャة اわバΑ ヶわャد よها ゎヶプأوモΑ اボバャد وΒジ娃ヘゎرロ ) ج ヨΒプا ャو

ろらわآ

ヶ娃プ ا娃هΒャار إゼ娃Αة ز و娃ピャリ娃ョ رんأآ娃よ داتレわジヨャا ロهذ اイャزء

ا娃ピヤャة اエャاآ娃ヨة " اんャاリョヶル هذロ اゼャروط ヤハى أルها . "

5.1 There is stated in part

II of these Conditions:

(a) the language or

languages in which the

Contract documents shall

be drawn up, and ,

(b) the country or state

the law of which shall

apply according to which

the Contract shall be

279

(c) If the said documents

are written in more than

one language, the

language according to

which the Contract shall

be construed and

interpreted is also

stated in part II of

these Conditions, being

therein designated the "

Ruling language".

Priority of C ontract دボバャدات اレわジョリΒよウΒィرわャة اΑوャأو :

Documents 5-2 د娃ボバャا ا娃هレョ ون娃كわΑ ヶ娃わャددة ا娃バわヨャدات اレわジ娃ヨャا モョاバゎジ娃娃娃娃ヘΑ ゑ娃娃娃娃Βエよر ツ娃娃娃娃バよها اヂバら娃娃娃娃ャ ، وェヶ娃娃娃娃プا娃娃娃娃ャة اヨピャوض أو اバわャارض ボΑوم اヨャه娃レدس わよوエΒ娃ッها وトら娃娃ッها ، وバよヮ娃娃Βヤハد娃娃もذ أن Αرモ娃娃シ إ娃娃ャى ا娃娃ボヨャاول リΒ娃よウΒィرわャكون اΑ ذもدバよها وよ ةタاガャات اヨΒヤバわャا

اヨャكوルة ボバヤャد ، ョا ゾレΑ ユャ اボバャد 娃ヤハى اレわジヨャدات ] ウΒィرゎ * [ اボらデブャاガョ ] ょ娃Βゎرわャ *[ ة娃ΑوャوΕا

ヶャاわャا :

).إن ろヨゎ ( اヘゎاΒホة اボバャد -1

.トカاب اらボャول -2

.اトバャاء -3

.اイャزء اんャاリョヶル هذロ اゼャروط -4

.اイャزء اΕول リョ هذロ اゼャروط -5

.أي レわジョد カへر ゼΑكィモزءاً リョ اボバャد -6

5-2 The several documents

forming the Contract are

to be taken as mutually

explanatory of one another

, but in case of

ambiguities or

discrepancies the same

shall be explained and

adjusted by the Engineer

who shall thereupon issue

to the Contractor

instructions thereon and

in such event unless

otherwise provided in the

Contract, the priority of

the documents forming the

Contract shall be as

follows :

(1) The Contract Agreement

(if completed )

(2) The letter of

Acceptance ,

280

(3) The Tender ,

(4) part II of these

Conditions,

(5) part I of these

Conditions , and

(6) Any other document

forming part of the

Contract .

ا娃娃娃ヘわェΙاظ ガジ娃娃娃レよة リ娃娃娃ョ اャر娃娃娃シوョات ヶ娃娃娃プ ]* و娃娃娃ィوب [ ノホوヨャا :

ナヘわエΑ اボヨャاول ヶプ اヨャوガジレよノホة リョ اャر娃シوョات 6-2ボヨャد娃娃ョة ヮ娃娃レョ آ娃娃ヨا ذآ娃娃ر 娃娃ヘルへا ، اヨヤジ娃娃ヨャة إヮ娃娃Βャ أو ا

ゎゑΒエよكون わョاェة ノΒヨィヶプ اΕوホات اボバヨャو娃ャة リ娃娃娃娃ヨョدس و娃娃娃娃レهヨャا リ娃娃娃娃ョ الヨバわ娃娃娃娃シΙوا ゾ娃娃娃娃エヘヤャ

.Αرヮャゾカ اヨャهレدس ヶプ ذャك آわاよة

] ** الأヨハال [ اΚわカل ボゎدم

娃娃ヤハى ا娃娃ボヨャاول أن Αرモ娃娃シ أ娃娃トカارا إ娃娃ャى اヨャه娃娃レدس 6-3

リ娃娃ョ ان娃娃ا آ娃娃ヨヤآ ، モ娃娃ヨバャى رب ا娃娃ャإ ヮ娃娃レョ ورة娃娃タوバわΑ أن ウィر娃娃ヨャذ ا娃娃Βヘレゎ أو テΒ娃娃トガゎモ娃娃わガΑ أو モ娃娃ト

اヨハΕال ョا ダΑ ユャدر اヨャهレدس رヨ娃シا أ娃ッاΒプا ، . أو 娃娃娃ヨΒヤバゎات إ娃娃娃ッاΒプة ، Κ娃娃娃カل و娃娃娃ボバョろ娃娃娃ホول

وリヨツわΑ اトカΗار ヘゎاモΒタ اャرユシ اヤトヨャوب أو اヨΒヤバわャات اヤトヨャوよة وΙذا وわョى هヤトョヶ娃و娃よة ، ヮ娃レョヶルا娃バΑ أن リكヨΑ ذيャل اΚわカΙأو ا モトバャوا

.ヨΒヤバわャات ヨΒプا ャو ゎأカر اャرユシ أو ゎأカرت ا

: اわャأΒカر وゎكヘヤة ゎأΒカر اャرシوョات

6-4ヨهレョ ىルا娃ハ ة أوヘヤكゎモヨエゎ اول أوボヨャا モトバゎ إذا 娃娃娃バョا ょらジ娃娃娃よ إ娃娃娃ヘカاق اヨャه娃娃娃レدس ヶ娃娃娃プ ـ أو

اトわシاヮわハ ـ Κカل و娃ボバョろ娃ホول 娃バよد 娃ボゎدΑر よرユ娃シ أو ] ** ا娃ボヨャاول [ اヌャروف ، أن 娃Αزود

娃ا 娃娃娃ハدم モ娃آ

One Copy of the Drawings to

be kept on Site

6.2 One copy of the Drawings

, provided to or supplied

by the Contractor as

aforesaid, shall be kept by

the Contractor on the site

and the same shall at all

reasonable times be

available for inspection

and use by the Engineer and

by any other person

authorized by the Engineer

in writing.

Disruption of progress

6.3 The Contractor shall give

notice to the Engineer,

with a copy to the

Employer, whenever planning

or execution of the works

is likely to be delayed or

disrupted unless any

further drawing or

instruction is issued by

281

娃娃娃ヨΒヤバゎات آ娃娃娃ان ا娃娃娃ボヨャاول 娃娃娃ホد أر娃娃娃セヶ娃娃娃プモ娃娃娃シأルها ، 娃娃娃娃娃ヤバプى 娃娃娃娃娃ボプ6-3اً 娃娃娃娃娃レらヤャد اヘャرヶ娃娃娃娃娃ハ أ娃娃娃娃娃トカارا و

モ娃ヨバャرب ا ノ娃ョょ娃シاレヨャاور اゼわャد اバよ دسレهヨャا :واボヨャاول أن ボΑرر

the Engineer within a

reasonable time. The notice

shall include details of

the drawing or the

instructions required and

of why and by when it is

required and of any delay

or disruption likely to be

suffered if it is late .

Delays and Cost of Delay of

Drawings

6.4 If by reason of any

failure or inability of the

Engineer to issue, within a

time reasonable In all the

circumstances , any drawing

or instruction for which

notice has been given by

the Contractor in

accordance with Sub –

clause 6.3 , the Contractor

suffers delay and/ or

incurs costs then the

Engineer shall, after due

consultation with the

Employer and the

Contractor, determine :

.أよΗ ろヘΒッراز ヘタة اャΗزام ヶプ اレバャوان *

.أわャろヘΒッوウΒッ اレバヨャى **

و 44أي اわョداد ヤャوヮボエわジΑ ろホ اボヨャاول ボらデاً レらヤャد ) أ

.ホد اわャكاブΒャ اツゎヶわャاف إャى ヨΒホة اボバャد ) ب

ノョ ، ロررホ اヨよ اولボヨャر اトガΑ أن ヮΒヤハال [ وシإر * [

モヨバャى رب اャورة إタ .

(a) any extension of time to

which the Contractor is

entitled under Clause 44,

and

(b) the amount of such costs,

which shall be added to the

282

Contract price ,

: إヘカاق اボヨャاول ボゎヶプدユΑ اャرシوョات

and shall notify the

Contractor accordingly ,

with a copy to the

Employer.

إذا آ娃娃ان إ娃娃ヘカاق اヨャه娃娃レدس ヶ娃娃プ إ娃娃タدار اャر娃娃シوョات 6-5 ブ娃娃娃娃ヤガゎ ى娃娃娃娃ャا ، إ娃娃娃娃Βもزィ دم娃娃娃娃ハ ات أو娃娃娃娃ヨΒヤバわャأو ااボヨャاول ボゎリハدユΑ اャرシوョات أو اヨャواヘタات أو ヮ娃娃娃レョ ا娃娃娃よوヤトョ ان娃娃娃آ ヶ娃娃娃わャرى ا娃娃娃カΕدات اレわジ娃娃娃ヨャا

娃娃娃ヤバプى اヨャه娃娃娃レدس وه娃娃娃و 娃娃娃ボゎدヨΑها 娃娃娃ボらデاً 娃娃娃ボバヤャد ، ヶ娃ハرヘャد ا娃レらヤャ Ιًاヨハإ ロرارホ اذガゎدد اダよ6-4 ،

.أن Αأカذ ヶプ اらわハΙار ブヤガゎ اボヨャاول

Failure by Contractor to

Submit Drawings

6.5 If the failure or

inability of the Engineer

to issue any drawings or

instructions is caused in

** whole or in pa

: اャرシوョات الإッاΒプة واヨΒヤバわャات اわャكΒヤΒヨة

r ヨヤャه娃娃レدس トヤ娃娃シة ゎزو娃娃Αد ا娃娃ボヨャاول ، リΒ娃娃ェリ娃娃ョ إ娃娃ャى 7-1[ 娃娃娃娃娃カへر よاャر娃娃娃娃娃シوョات ا娃娃娃娃娃ッΗاΒプة وا娃娃娃娃娃ヨΒヤバわャات

اジ娃娃娃娃娃ャاツ娃娃娃娃娃ャرور娃娃娃娃娃ΒヘレわヤャリΒわΑذ ]* اわャك娃娃娃娃娃ΒヤΒヨة واレヨャا娃娃ヨハΖャょ娃娃シال وヨゎ Ιاョه娃娃ا وإΚ娃娃タح

娃娃娃Βハوب Βプه娃娃娃ا ، و娃娃娃ヤハى ا娃娃娃ボヨャاول أن 娃娃娃わヤΑزم よه娃娃娃ا *** .وヘレΑذها

ユΒヤأ娃娃Αة

t by the

failure of the Contractor

to submit Drawings,

Specification or other

documents which he is

required to submit under

the Contract, the Engineer

shall take such failure by

the Contractor into account

when making his

determination pursuant to

Sub – clause 6.4 .

Supplementary Drawings and

Instructions

7.1 The Engineer shall have

authority to issue to the

Contractor, from time to

time, such supplementary

Drawings and instructions

as shall be necessary for

the purpose of the proper

and adequate execu t ion and

completion of the works and

the remedying of any

defects therein. The

Contractor shall carry out

283

and be bound by the same. .أわャろヘΒッوウΒッ اレバヨャى *

** ろヨィرゎis caused In ىャى " إャإ ノィرΑ " リョ Ιًدよ " ヮΒプょらジゎ دホ " ىレバヨャاよ لΚカة دون إビاΒダヤャ ًراΒジΒゎ .

.وバよろバッد اわャΙزام プΚカヮヤらホ Ιاً ゾレヤャ اΒヤイルΗزي Ε، اΒヘレわャذ わャΚャペェΙزام よاヨΒヤバわャات وョا ユゎ اわャΙزام よها " ヘレΑذها *** "

Permanent works Designed by : ل اャداヨもة اヨヨダΑ ヶわャها اボヨャاول الأヨハا

Contractor

إذا ゾ娃娃娃ル ا娃娃娃ボバャد 娃娃娃タراェة 娃娃娃ヤハى أن 娃娃娃ボΑوم ا娃娃娃ボヨャاول 7-2

ィユΒヨダ娃娃わよاリ娃娃ョょ娃娃ル ا娃娃ヨハΕال اャدا娃娃ヨもة ، 娃娃Βヤバプة أن .バΑرض ヤハى اヨャهレدس ダヨヤャادホة

7-2 Where the Contract

expressly provides that

part of the permanent

works shall be designed by

the Contractor , he shall

submit to the Engineer,

for approval :

اャر娃娃シوョات ، واヨャواヘ娃娃タات ، واジ娃娃エャاよات ، ) أ

واΒらャا娃娃娃娃娃ルات ا娃娃娃娃娃カΕرى اツ娃娃娃娃娃ャرورΑة 娃娃娃娃娃レホΗاع ، ユΒヨダわャة هذا اΑاヘة وآヨもΚヨよ دسレهヨャو ا

دモ娃娃娃娃娃ャ اモΒピゼ娃娃娃娃娃わャ واΒダ娃娃娃娃娃ャاルة エダ娃娃娃娃娃ョوよا ヮ娃娃娃娃娃よ ) ب[ ر娃娃シوョات ا娃娃ヨハΕال اャدا娃娃ヨもة ، آ娃娃ヨا أ娃娃イルزت

モ娃娃バヘャاよ *[ リ娃娃娃ョモ娃娃娃ヨバャرب ا リ娃娃娃كヨΑ モΒダ娃娃娃ヘわよو テら娃娃娃娃ッو ょ娃娃娃娃Βرآゎك و娃娃娃娃プة وルاΒ娃娃娃娃タو モΒピゼ娃娃娃娃ゎ

ユΒヨダ娃わャا ا娃هΒプ دジ娃イゎヶ娃わャة ا娃ヨもداャال اヨハΕا .

و娃娃娃娃らわバゎ Ιر ا娃娃娃娃ヨハΕال 娃娃娃娃ホد أ娃娃娃娃イルزت 娃娃娃娃ピャرض ، إバよ Ιد أن 娃バΑرض ヨΒヤジゎ48ها ، وボプاً レらヤャد

اヨャهレدس دモΒャ اモΒピゼわャ واΒダ娃ャاルة ، ヤハノ娃ョى، وダΑادق ]** よاモバヘャ [ رシوョات ヨャا أイルز

.Βヤハهヨا

:わゎ Ιأをر よاダヨャادホة ]** اボヨャاول [ ゃジョوΒャة

わΑ Ιر娃娃娃ヤハょ娃娃娃ゎى ダ娃娃娃ョادホة اヨャه娃娃娃レدس و娃娃娃ボプاً 娃娃娃レらヤャد 7-3

ヶ娃娃娃娃ハرヘャ2-7ا リ娃娃娃娃ョ أي リ娃娃娃娃ョ اول娃娃娃娃ボヨャاء ا娃娃娃娃ヘハإ .ゃジョوΒャاボらデヮゎا ボバヤャد

(a) such drawings ,

specifications,

calculations and other

information * as shall

be necessary to satisfy

the Engineer as to the

suitability and adequacy

of that design, and .

(b) operation and

maintenance manuals

together with drawings

of the permanent works

as completed , in

sufficient detail to

enable the Employer to

operate, maintain,

dismantle, reassemble

and adjust the permanent

works incorporating that

design. The works shall

not be considered to be

completed for the

purposes of taking over

in accordance with

Clause 48 until such

284

operation and

maintenance manuals,

together with drawings

on completion , have

been submitted to and

approved by the

Engineer.

Responsibility Unaffected by

Approval

7.3 Approval by the

Engineer, in accordance

with Sub-Clause 7.2,

shall not relieve the

Contractor of any of his

responsibilities under.

The Contract .

: اわャΙزاョات اバャاョة

: ゃジョوΒャات اボヨャاول اバャاョة

娃娃娃ヤハى ا娃娃娃ボヨャاول ، わョو娃娃娃Βカا ا娃娃娃エャرص واわィΙه娃娃娃اد 8-1

娃トルヶ娃プاق 娃ョا ( اャواリΒらィ ، أن ユヨダΑ اヨハΕال وأن 娃ヘレΑذها وヨヨわΑه娃ا و娃ョウヤダ娃Αا ) ورد よاボバャد

و娃娃ヤハى . よه娃娃ا 娃娃Βハリ娃娃ョوب و娃娃ボプاً ェΕك娃娃ام ا娃娃ボバャد プو娃Α اول أنボヨャواد ا娃ヨャة وا娃ャاヨバャراف وا娃セΗر ا

リ娃娃娃娃ョ داها娃娃娃娃ハ ا娃娃娃娃ョモ娃娃娃娃دات ، وآ娃娃娃娃バヨャت واΙΓوااΒ娃娃セΕاء ، 娃娃シواء آاろ娃娃ル ذات 娃娃バΒらデة ョؤ娃娃わホة أو ユΒヨダ娃娃娃ゎ ، モ娃娃娃ィΕ أو ، ヶ娃娃娃プ ة娃娃娃よوヤトヨャة وا娃娃娃ヨもداو娃娃娃Βヘレゎذ وإ娃娃娃ヨゎام ا娃娃娃ヨハΕال وإΚ娃娃娃タح ا娃娃娃Βバャوب ペら娃シ اョ رΒプوゎ رورةッヮΒプ كونゎ ذيャدر اボャاよリ娃娃ョ لΙدわ娃娃シΙون ا娃娃كΑ د أو娃娃ボバャا ヶ娃娃プ ددت娃娃ェ د娃娃ホ

ボバャا Ιًوボバョ هاゎرورッ ىヤハ د.

娃娃ヤハى ا娃娃ボヨャاول أن Αوヮ娃娃ィ إ娃娃トカاراً プور娃娃Αاً إ娃娃ャى ، モ娃ヨバャى رب ا娃ャورة إタ الシإر ノョ دسレهヨャاょ娃娃娃Βハ أ أو أي娃娃娃トカ هو أو娃娃娃シ أو テ娃娃娃ヤビ أي リ娃娃娃ハ

モ娃娃ヨバャات اヘ娃娃タواョヶ娃娃プ أو ユΒヨダ娃娃わャا ヶ娃娃プ ر娃娃カへ .Αكレハヮヘゼわد ョراボバヤャヮわバィد أو Βヘレゎذ اヨハΕال

GENERAL OBLIGATIONS

Contractor's General

Responsibilities

8.1 The Contractor shall, with

due care and diligence,

design (to the extent

provided for by the

Contract), execute and

complete the works and

remedy any defects therein

in accordance with the

provisions of the

Contract. The Contractor

shall provide all

superintendence, labour,

materials , plant,

Contractor's Equipment and

all other things , whether

of a temporary or

permanent nature, required

in and for such design,

execution, completion and

285

remedying of any def ects,

so far as the necessity

for providing the same is

specified in or is

reasonably to be inferred

from the Contract.

:اΒヤヨバャات ヶプ اヨャوノホ وデراペも اΒΒゼわャد

モ娃娃ヨエわΑ ا娃娃ボヨャاول اゃジ娃娃ヨャوΒャة اャكا娃娃ヤョة リ娃娃ハ آヘا娃娃Αة8-2ペ娃娃もراデو ノ娃娃ホوヨャات ا娃娃Βヤヨハノ娃娃Βヨィ ا娃娃ョات وأ娃娃らをو

ヤハى أジΑ Ιأل اボヨャاول ヨハا バΑ ユャدロ ، . اΒΒゼわャد ( ユΒヨダゎリョ أو ョواヘタات ΑΕة أヨハال ョؤ娃わホة

よاレんわシاء ョا هو ダレョوص ヨΒプヮΒヤハا ヶヤΑ أو ョا ヮプΚカ ىヤハペヘわΑ دホ. (

The Contractor shall give

prompt notice to the

Engineer , with a copy to

the Employer, of any

error, omission, fault or

other defect in the design

of or specification for

the Works which he

discovers when reviewing

the Contract or executing

the works

Site Operations and Methods of

Construction

8.2 The Contractor shall take

full responsibility for

the adequacy, stability

and safety of all site

operations and methods of

construction. Provided

that the Contractor shall

not be responsible (except

as stated hereunder or as

may be otherwise agreed)

for the design or

specification of permanent

works , or for the design

or specification of any

Temporary works not

prepared by the Contractor

.

286

Where the Contract

expressly provides that

part of the permanent

works shall be designed by

the contractor, he shall

be fully responsible for

that part of such works,

notwithstanding any

approval by the Engineer.

وإذا ゾル اボバャد タراェة ヤハى أن ボΑوم اボヨャاول 娃娃娃ィユΒヨダ娃娃娃わよزء リ娃娃娃ョ ا娃娃娃ヨハΕال اャدا娃娃娃ヨもة ، آ娃娃娃ان ゃジョوよ Ιًاャكاリ娃ハモョ ه娃ذا ا娃イャزء リ娃ョ ا娃ヨハΕال

ヮΒヤハ ادقタ دホ دسレهヨャو آان اャى وわェ.

:اヘゎاΒホة اボバャد

9-1 ペ娃娃プواΑ ك ، أن娃娃ャى ذ娃娃ャإ ヶ娃娃ハاول ، إذا د娃娃ボヨャى ا娃娃ヤハ

وهヶ娃娃 ا娃娃ヤハ . ヶ娃娃わャى اヘゎا娃娃Βホة ا娃娃ボバャد وأن Αوバホه娃娃ا 娃娃バΑ ا娃娃ボプو ヮ娃娃わボヘル ى娃娃ヤハモ娃娃ヨバャا رب ا娃娃هヨヨわΑدها و

娃娃ヨレヤャوذج اよペ娃娃エヤヨャه娃娃ذロ اゼ娃娃ャروط 娃娃バよد إد娃娃カال .اバわャدΚΑت اホヶわャد ゎكون ッرورΑة

Contract Agreement

: ヨッان اΒヘレわャذ

10-1 ロذ娃娃Βヘレわャ اول娃娃ボヨャا リ娃娃ョ اルاヨ娃娃ッ د娃娃ボバャا ょ娃娃ヤトゎ إذا اボバャد Βヘレゎذا ヨΒヤシا ، ヮΒヤバプ أن ヤハモダエΑى ه娃ذا اヨツャان よاヒヤらヨャ اペ娃エヤョヶプリΒらヨャ ا娃トバャاء وأن

ヮ娃娃娃娃ョ إ娃娃娃娃ャى رب اΚ娃娃娃娃カヶ娃娃娃娃プモ娃娃娃娃ヨバャل ヨをا娃娃娃娃Βルة ボΑد. وゼ娃娃ハرΑ リΑو娃娃ョاً 娃娃トカヮヨヤジ娃娃ゎリ娃娃ョاب ا娃娃らボャول

わよ دس娃娃娃娃レهヨャار ا娃娃娃娃トカإよ اول娃娃娃娃ボヨャوم ا娃娃娃娃ボΑو モヨバャى رب اャان إヨツャا .娃ャذ هذا اガわΑو

モ娃娃娃娃ヨバャرب ا リΒ娃娃娃娃よヮ娃娃娃娃Βヤハペ娃娃娃娃ヘわΑ ذي娃娃娃娃ャا モكゼ娃娃娃娃ャاوわゼ娃娃娃娃娃Αرط ا娃娃娃娃娃ヨわハاد رب اモ娃娃娃娃娃ヨバャ . وا娃娃娃娃娃ボヨャاول

وモ娃娃ヨエわΑ ا娃娃ボヨャاول . ヨヤャؤジ娃娃シة ボョد娃娃ョة اヨツ娃娃ャان Ιة اヘヤكゎゾレ娃Α ユ娃ャ اョ دレらャات هذا اらヤトわヨャ الんわョ

.اボバャد ヤハى Βビر ذャك

ユΑد娃娃娃娃ボヨツان

9.1 The Contractor shall, if

called upon to do so,

enter into and execute*

the contract Agreement ,

to be prepared and

completed at the cost of

the Employer, in the form

annexed to these

conditions with such

modification as may be

necessary .

Performance Security **

10.1 If the Contract requires

the contractor to obtain

security for his proper

performance of the

contract he shall obtain

and provide to the

Employer such security

within 28 days after the

receipt of the letter of

Acceptance, in the sum

stated in the Appendix to

the Tender. When providing

such security to the

Employer, the Contractor

shall notify the Engineer

of so doing. Such security

shall be in such form as

may be agreed between the

287

Employer and the

Contractor. The

institution providing such

security shall be subject

to the approval of the

Employer. The cost of

complying with the

requirements of this

clause shall be borne by

the Contractor, unless the

Contract otherwise

provides.

" *execute " ىレバヨよ اレه ろヨィرゎ " ノホوΑ أن " Ι " ذヘレΑ ود " أنダボヨャى اレバヨャا ヮルΕ.

. わャوウΒッ اレバヨャى وイョاراة اバャرف " ヨッان اΒヘレわャذ " هレا هو ゎأリジェリΒョ اΕداء وゎرろヨィ إャى Securityاダボヨャود よاャـ **

: ョدة ΒェΚタة ヨッان اΒヘレわャذ

ヨ娃娃ッモ娃娃ヌΑان ا娃娃Βヘレわャذ 娃娃シارΑا 娃娃わェى 娃娃ボΑوم ا娃娃ボヨャاول 10-2

娃娃Βヘレわよذ ا娃娃ヨハΕال وإヨゎاョه娃娃ا وإΚ娃娃タح أ娃娃Αة 娃娃Βハوب وイゎ Ιوز اトヨャا娃らャة . Βプها وョペプا ヮΒツわボΑ اボバャد

] * اツ娃ボルاء [ よهذا اヨツャان バよد タدور 娃セهادة

ヶハرヘャد اレらヤャ ًاボプوب وΒバャا リハ ةΒャوゃジヨャ1-62ا

و娃娃Αرد ه娃娃ذا اヨツ娃娃ャان إ娃娃ャى ا娃娃ボヨャاول Κ娃娃カل أر娃娃バよة ]* اツ娃娃ボルاء [ ゼ娃娃ハر Αو娃娃ョا 娃娃タリ娃娃ョدور 娃娃セهادة

リハ ةΒャوゃジヨャوب اΒバャا .

: اトヨャاらャات اレわシادا إャى ヨッان اΒヘレわャذ

ヤハى رب ا娃ボゎモらホ ، モヨバャدトョユΑا娃らャة レわジ娃ゎد إ娃ャى 10-3

ヨッان اΒヘレわャذ أن トガΑر اボヨャاول ، 娃娃娃レΒらョا 娃娃娃バΒらデة اΚ娃娃娃カΗل اユわわ娃娃娃シヶ娃娃娃わャ اトヨャا娃娃娃らャة

.ゼよأルها

، ヶプ آェモا娃ャة

ノホوヨャة اレΑاバョ:

11-1 ノツ娃Α أن モヨバャى رب اヤハリΒバわΑ 娃娃娃娃娃ボヨャات ا娃娃娃娃娃ルاΒらャاء ، ا娃娃娃娃娃トバャا ヮ娃娃娃娃娃ヨΑدボゎモ娃娃娃娃娃らホ ، اول

اガャا娃娃タة 娃娃よاヌャروف اャهΒدرووャو娃娃Βィة و娃娃ニروف

ダ娃ゎろ娃エゎرف

Period of validity of

performance

Security

10.2 The performance security

shall be valid until the

Contractor has executed

and completed the works

and remedied any defects

therein in accordance

with the Contract. No

claim shall be made

against such security

after the issue of the

Defects liability

Certificate in accordance

with Sub clause 62.1 and

such security shall be

returned to the

Contractor within 14 days

of the issue of the said

Defects Liability

Certificate.

288

リ娃娃ョ ا娃娃هΒャإ モ娃娃タوわャا ユ娃娃ゎヶ娃娃わャا ウトジ娃娃ャا ろ娃娃エゎ ا娃娃ョろ娃娃Αرィأو أ モ娃娃ヨバャا رب ا娃娃راهィأ ヶ娃娃わャاث ا娃娃エよΕاモ娃ヌΑ ك娃ャذ ノョال ، وヨハΕاよ ةヤダわヨャوا ヮレハ ةよاΒルロذ娃娃هャヶダ娃娃ガゼャا ロرΒジ娃娃ヘゎリ娃娃ハ Ιًوゃジ娃娃ョ اول娃娃ボヨャا

.اΒらャاルات

Claims under performance

Security

10.3 prior to making a claim

under the performance

security the Employer

shall, in every case,

notify the Contractor

Stating the nature of the

default in respect of

which the claim is to be

made.

Inspection ** of Site

11.1 The Employer shall have

made available to t he

Contractor, before the

submission by the

Contractor of the Tender,

such data on hydrological

and sub- surface

conditions as have been

Obtained by or on behalf

of the Employer from

investigations undertaken

relevant to the works but

the Contractor shall be

responsible for his own

interpretation thereof .

.أわャろヘΒッوウッ اレバヨャى *

** ろヨィرゎ )inspection ( ىャا إレة " هレΑاバョ " ىャإ ザΒャو " ズΒわヘゎ " أنゼャهذا ا ヶプ Κヨハ دارجャر اΒらバわャاよ ذاカا.

リاآョΕوا ノホوヨャا ゾエプو リΑاハ دホ اولボヨャر أن اらわバΑواわヨャا娃ェة ا娃ボヤバわヨャة よه娃ヨا وأヮ娃ル اトΒエヨャة ヮよ واヤバヨャو娃ョات

ヮΒャإ モタا وヨよ ىヘわى ( اآ娃ヤハ Κ娃ヨハリ娃كヨヨャدود اェヶプろホوャة واヘヤكわャارات اらわハوء اッ (娃トバヤャヮ娃ヨΑدボゎモ娃らホ

: وذャك よاらジレャة إャى

اء


deemed to have inspected

and examined the Site an

d

its surroundings and

information available I

289

セكモ وバΒらデة اヨャوヨよノホا ヶプ ذ娃ャك أ娃ェوال 娃ョا ろ娃エゎ ) أ

اウトジャ ، و

connection therewith and to

have satisfied himself* (so

far as is practicable,

having regard to

considerations of cost and

time ) before submitting

his Tender, as to :

اェΕوال اャهΒدروャوΒィة واレヨャاΒカة ، و ) ب

モ娃娃ヨバャ وا娃娃ヨャواد اツ娃娃ャرورΑة 娃娃Βヘレわャذ 娃娃ョدى و娃娃バΒらデة ا) ج

وإヨゎام اヨハΕال وإΚタح أΑة Βハوب Βプها ، و (a) the form and nature

thereof , including the

sub-surface conditions,

وシاモも اャوタول إャى اヨャوノホ وャوازم اゼΒバヨャة اヶわャ ) د .ホد わエΑاج إΒャها

ヶ娃娃わャدود ا娃娃エャا ヶ娃娃プ ، モダ娃娃ェ د娃ホヮ娃娃ルام أ娃娃ハヮ娃娃ィوよ ر娃らわバΑو リ娃娃ハ ةΑرورツ娃娃ャات ا娃娃ョوヤバヨャا モ娃娃ى آ娃娃ヤハ ، ا娃娃دم ذآره娃娃ボゎ

Εروف اヌャا モوارض وآバャر واデاガヨャد اホヶわャرى اカヮジヨゎ أو ヮもاトハ ىヤハ رんゎ.

و娃娃娃らわバΑر أن ا娃娃娃ボヨャاول 娃娃娃ホد 娃娃娃ホدم 娃娃娃トハاء娃娃娃ヤハロى أ娃娃娃シاس ヮ娃娃わレΑاバョ ى娃娃ヤハو モ娃娃ヨバャرب ا ヮ娃娃ャ ا娃娃هェاゎأ ヶ娃娃わャات ا娃娃ルاΒらャااガャاタة وヮダエプ ، وذャك آヤハヮヤى اャوヮィ ا娃ヘルへリΒ娃らヨャاً

.

(b) the hydrological and

climatic conditions,

(c) the extent and nature

of work and materials

necessary for the

execution and

completion of the works

and the remedying of

and defects therein,

and .

(d) the means of access to

the Site an d the

accommodation he may

require

and, in general , shall be

deemed to have obtained all

necessary information ,

subject as above mentioned,

as to risks, contingencies

and all other circumstances

which may influence or

affect his Tender.


deemed to have based his

Tender on the data made

available by the Employer

290

and on his own inspection

and examination, all as

aforementioned.

* ろヨィرゎ "to have satisfied himself " ヮルى أャإ " ヮΒャإ モタا وヨよ ىヘわى " اآレバヨヤャょΑرボゎ وهو.

Sufficiency of Tender اءトバャة اΑاヘآ :

娃娃娃らわバΑر أن ا娃娃娃ボヨャاول 娃娃娃ホد エダ娃娃娃よノ娃娃娃レホة وآヘا娃娃娃Αة 12-1اトバャاء واゃヘャات واバシΕار اャواردة 娃ホヶプواユも اャك娃Βヨات

] * ا娃娃エャاΙت [ وأルه娃娃ا 娃娃バΒヨィاً 娃娃シوف ヶ娃娃ヘゎ ـ 娃娃ヨΒプا 娃娃ハدا

Βプゾルヶわャاヮ娃ゎاョزاわャا モ娃كよ ك ـ娃ャر ذ娃Βビ ى娃ヤハ د娃ボバャها اواモヨゼゎヶわャ ( اレャاゃセة リハ اボバャد

اツ娃娃娃らャاノも وا娃娃娃ヨャواد واΙΓت أو ا娃娃娃ガャدョات أو ا娃娃娃ョΕور ヶデا娃娃Βわェا ヒ娃娃ヤらョ ا娃娃هャゾダ娃娃ガヨャة ا娃娃ッارバャا ( モ娃娃كよو ،

اョΕور واΒ娃セΕاء اツ娃ャرورΑة 娃Βヘレわヤャذ ا娃ヨハΖャユΒヤジ娃ャال .وإヨゎاョها وإΚタح أΑة Βハوب Βプها

ヤゎك ا娃ボヤバわヨャة わよور娃Αد

اバャواペも اヨャادΑة ، أو اャظروف اヨャادΑة

:Βビر اわヨャوバホة

وノ娃娃ョ ذ娃娃ャك إذا واィهろ娃娃 ا娃娃ボヨャاول ، أ娃娃レをا12-2ا娃娃娃ヨハΕال ، ハواョペ娃娃娃もاد娃娃娃Αة أو 娃娃娃ニروف ョاد娃娃娃Αة ろ娃ルوآا ، ノ娃ホوヨャا ヶ娃プ ة娃Βカاレヨャروف ا娃ヌャر اΒビ Ι ا娃娃娃ヨョヮ娃娃娃Αرأ ヶ娃娃娃プ روف娃娃娃ヌャأو ا ペ娃娃娃もواバャا ロذ娃娃娃هわΑوバホه娃ا ا娃ボヨャاول ا娃ヨわヨャرس ، ヮ娃Βヤバプ أن 娃娃トガΑر

ャا ノ娃娃娃娃ョ ، ًورا娃娃娃娃プ كャذ娃娃娃娃よ دس娃娃娃娃レهヨ ] ال娃娃娃娃シإر [

モヨバャى رب اャورة إタ . دس娃レهヨャى اヤハو ロذ娃أن ه ヮ娃Αرأ リョ ار ، إذا آانトカΗهذا ا ユヤジゎاバャواペ娃娃娃娃も أو ا娃娃娃娃ヌャروف モ娃娃娃娃ボバΑ Ι أن わΑوバホه娃娃娃娃ا ノ娃ョょ娃シاレヨャاور اゼ娃わャد ا娃バよرس ، وヨわョ اولボョ

: رب اモヨバャ واボヨャاول ، أن ボΑرر

ء 娃娃Βヘレゎذ

*

娃レハد

12.1 The Contractor shall be

deemed to have satisfied

himself as to the

correctness and

sufficiency of the Tender

and of the rates and

prices stated in the Bill

of Quantities, all of

which shall, except

insofar as it is otherwise

provided in the Contract,

cover all his obligations

under the Contract (

including those in respect

of the supply of goods,

materials, plant or

services or of

contingencies for which

there is a provisional Sum

) and all matters and

things necessary for the

proper execution and

completion of the works

and the remedying of any

defects therein.

Not Foreseeable physicial

Obstructions or Conditions

291

12.2 If, however, during the

execution of the works the

contractor encounters

physical obstructions or

physical conditions, other

than climatic conditions

on the Site, which

obstructions or conditions

were, in his opinion, not

foreseeable by an

experienced contractor,

shall forthwith give

notice thereof to the

Engineer, with a copy to

the Employer. On receipt

of such notice , the

Engineer shall, if in his

opinion such obstructions

or conditions could not

have been reasonably

foreseen by an experienced

contractor, after due

consultation with the

Employer and the

Contractor determine :

. أわャろヘΒッوウΒッ اレバヨャى *

(a) any extension of time

to which the Contractor

is entitled under Clause

44, and .

ا娃娃ボヨャاول أي ا娃娃わョداد ヶ娃娃プ اャوヮボエわジ娃娃Α ろ娃娃ホ ) أ ボらデ44ا レらヤャد

娃ボョدار اわャك娃娃اブΒャ اΑ ヶ娃わャك娃娃ون ا娃ボヨャاول 娃娃ホد ) بゎك娃娃娃らدها ょらジ娃娃娃よ ه娃娃娃ذロ اバャواペ娃娃娃も أو ا娃娃娃ヌャروف

.واシヶわャوف ツゎاف إャى ヨΒホة اボバャد

]

(

ノ娃娃ョ ، ロرر娃娃ホ ا娃娃ヨよ اول娃娃ボヨャر ا娃娃トガΑ دس أن娃娃レهヨャى ا娃娃ヤハووょ娃娃娃イΑ أن . 娃娃娃タورة ヮ娃娃娃レョ إ娃娃娃ャى رب اモ娃娃娃ヨバャ ]* إر娃娃娃シال

] ヨャه娃娃レدس اダ娃娃ャادر リ娃娃ョ ا [ Αرا娃娃ハى ヶ娃娃プ ا娃娃ボャرار

اヨΒヤバわャات اホヶわャد ダ娃Αدرها اヨャه娃レدس 娃ボヨヤャاول وゎك娃ون ذات ヤ娃タة ヨよو娃ッوع ا娃ボャرار آ娃ヨا Αرا娃ハى أツ娃Αاً 娃ョا 娃娃ホد

b) the amount of any costs

which may have been

incurred by the

Contractor by the

Contactor by reason of

such obstructions or

conditions having been

292

encountered, which shall

be added to the Contract

price,

リ娃娃娃ョ ة娃娃娃タاカ ات娃娃娃ヨΒヤバゎ اب娃娃娃Βビヶ娃娃娃プ ، اول娃娃娃ボヨャا ロذ娃娃娃ガわΑ リ娃娃娃娃كヨΑ ة娃娃娃娃ャوボバョة وヨΒヤ娃娃娃娃シ راءات娃娃娃娃ィإ リ娃娃娃娃ョ دس娃娃娃娃レهヨャا

. ヨヤャهレدس أن ヤらボΑها

トョاボよة اボバヤャモヨバャد ] ** وィوب [

، ョا Α ユャكリ اΒヘレわャذ ホ ΚًΒエわジョاルوルاً ヤハى اボヨャاول 13-1أو ョادΑاً ، أن ヘレΑذ اヨハΕال وヨヨわΑها وウヤダΑ أΑة Βハوب

وヤハى . Βプها トョヶプاボよة دボΒホة ボバヤャد ΑرΒツゎها اヨャهレدس اボヨャاول أن 娃ヨΒヤバわャモんわヨΑات اヨャه娃レدس وأن バらわΑه娃ا よد娃ホة ヶ娃プ واء وردシ هاダガΑ ال أوヨハΕاよモダわΑ رョأي أ ヶプ

ى اボヨャاول ヨΒヤバゎاリョヮゎ اヨャهレدس وボヤわΑ. اボバャد أم Α ユャرد ヮッوヘΑ リヨョ أو ، ロدェو.

and shall notify the

Contractor accordingly,

with a copy to the

Employer. Such

determination shall take

account of any instruction

which the Engineer may

issue to the Contractor in

connection therewith, and

any proper and reasonable

measures acceptable to the

Engineer which the

Contractor may take in the

absence of specific

instructions from the

Engineer.

Work to be in Accordance with

Contract

13.1 Unless it is l egally

or physically impossible

the Contractor shall

execute and complete the

works and remedy any

defects therein in strict

accordance with the

Contract to the

satisfaction of the

Engineer. The Contractor

shall comply with and

adhere strictly to the

Engineer's instructions

on any matter, whether

mentioned in the Contract

or not, touching or

concerning the Works. The

Contractor shall take

293

instructions only from

the Engineer or his

delegate.


.أよΗ ろヘΒッراز ダレハر اャΗزام ヶプ اレバャوان **

.أよΗ ろヘΒッراز ダレハر اャΗزام ヶプ اレバャوان *

. أわャろヘΒッوウΒッ اレバヨャى **

:إセراف اボヨャاول

娃娃娃娃娃娃ヤハى ا娃娃娃娃娃娃ボヨャاول أن 娃娃娃娃娃娃Αوプر آモ娃娃娃娃娃娃 ا娃娃娃娃娃娃セΗراف 15-1

اツ娃娃ャروري Κ娃娃娃カل 娃娃Βヘレゎذ ا娃娃娃ヨハΕال و娃娃娃デوال ى اヨャه娃レدس أルه娃ا اヨャدة اわャاΒャة ヮャ ا娃ホヶ娃わャد 娃Αر

ッرورΑة ャو娃プاء ا娃ボヨャاول よاわャزاョاヮ娃ゎ اレャاゃ娃セة و娃娃ヤハى ا娃娃ボヨャاول أو . リ娃娃ハ ا娃娃ボバャد و娃娃プاء ヨΒヤ娃娃シا

ヮΒヤハ ادقダョو ヮレョ وضヘョ ، ヮャ ءブآ モんヨョリョ اヨャهレدس ، وهダョヶادホة イΑوز らエ娃シها ヶプ أي وろホ أن Αك娃رس آモ娃 و娃セΘャヮ娃わホراف

وボヤわΑى هذا اモんヨヨャ اヘヨャوض . ヤハى اヨハΕال わャاول اボヨャا リハ ةよاΒルリョ اتヨΒヤバدسレهヨャا

ヶ娃娃プ ةヘ娃娃

ヮわホادダ娃娃ョょエジ娃娃よ دس娃娃レهヨャام ا娃娃Βホ ة娃娃ャاェヶ娃娃プو娃娃ヤハى モ娃娃んヨョ ا娃娃ボヨャاول ، 娃娃ヤバプى ا娃娃ボヨャاول ، 娃娃バよد ヮ娃娃Βボヤゎ إ娃娃トカار اヨャه娃娃レدس ょエジ娃娃よ اダ娃娃ヨャادホة ، أن ヶ娃娃娃娃娃エレΑ ه娃娃娃娃娃ذا اリ娃娃娃娃娃ハモ娃娃娃娃娃んヨヨャ ا娃娃娃娃娃ヨハΕال ،ヶ娃娃プ ذا娃娃カへ ، ًا娃娃レكヨョ ك娃娃ャون ذ娃娃كΑ رد أن娃娃イヨよو

اらわハΙار أن ヮΒヤハ أن らわジΑدل カへヮよر آヨا هو ، و娃Α *[ ザΒ娃娃ャة ه娃ذロ ا娃ボヘャرة ルヶ娃プها [ 娃ョذآور

タ أي娃娃よ رى娃カرة أ娃娃ョヮョدガわジ娃娃Α أن ヮ娃ャاヨハΕال ، وヮΒヤハ أن らわジ娃Αدل 娃カへモ娃んヨョヮ娃よر

.ダΑادق ヮΒヤハ اヨャهレدس

Contractor's Superintendence

15.1 The Contractor shall

provide all necessary

superintendence during the

execution of the works and

as long thereafter as the

Engineer may consider

necessary for the proper

fulfilling of the

contractor's obligations

under the Contract. The

Contractor, or a competent

authorized representative

approved of by the

Engineer , which approval

may at any time be

withdrawn, shall give his

whole time to the

superintendence of the

works .Such authorized

representative shall

receive , on behalf of the

Contr actor, instructions

from the Engineer .

294

:اバャاヤョون ャدى اボヨャاول

娃娃娃ヤハى ا娃娃娃ボヨャاول أن ガわジ娃娃娃Αدم ヶ娃娃娃プ اヨャو娃娃娃Βヘレわャノ娃娃娃ホذ 16-1

: وإヨゎام اヨハΕال وإΚタح أΑة Βハوب Βプها

If approval of the

representative is

withdrawn by the Engineer,

the Contractor shall, as

soon as is practicable,

having regard to the

requirement of replacing

him as soon as is

practicable, having regard

to the requirement of

replacing him as

hereinafter mentioned,

after receiving notice of

such withdrawal, remove

the representative from

the works and shall not

thereafter employ him

again on the works in any

capacity and shall replace

him by another

representative a

pproved by

the Engineer.

Contractor's Employees

16.1 The Contractor shall

provide on the Site in

connection with the

execution and completion

of the works and the

remedying of any defects

therein :


وヨ *[ ヮ娃わホΚハكان اヨハΕال ヶプ اヨャوャノ娃ホ[ اエわャدΑد اャدペΒホ ) أ よا娃娃ボレャاط اΒヤ娃娃タΕة وا娃娃トガャوط واわジ娃娃ヨャوΑات ا娃娃ェヶ娃娃わャددها

، و ]* Βャرノィ إヶプヮΒャ هذا اペΒらトわャ [ اヨャهレدس آわاよة

(a) the accurate setting- out

of the works in relation

295

ョノョراハاة اゼャرط اジ娃ャاエ娃タ ، ペよة ョواノ娃ホ وわジ娃ョوΑات ) ب وأバよاد واボわシاョة آモ أィزاء اヨハΕال ، و

زة واヨバャا娃娃ャة イゎه娃娃Βز آ娃娃ョモ娃娃ا 娃娃ヤΑزم リ娃娃ョ اΕدوات واィΕه娃娃 ) ج .اよモダわゎヶわャاゃジヨャوΒャات اジャاボよة

ذ ا娃ヨハΕال ، أي

(b) the correctness, subject

as above mentioned of the

position, levels,

dimensions and alignment

of all parts of the works,

and .

娃Βヘレゎ اء娃レをأ ろ娃ホأي و ヶ娃プ ، هرニ اョ وإذا娃娃トカأ ョヶ娃娃プواノ娃娃ホ أو わジ娃娃ョوΑات أو أ娃娃バよاد أو اボわ娃娃シاョة أي ょ娃娃娃ヤトΑ اョد娃娃娃レハ ، اول娃娃娃ボヨャى ا娃娃娃ヤバプ ، ال娃娃娃ヨハΕا リ娃娃娃ョ زء娃娃娃ィヮ娃娃わボヘル ى娃娃ヤハ أ娃娃トガャذا ا娃娃ه ウヤダ娃娃Α ك ، أن娃娃ャذ ヮ娃娃レョ دس娃娃レهヨャا

レدس أョا إذا آ娃ان ا娃トガャأ اガャاタة よاゼャكモ اヨャرヨヤャヶッه ルاゃセا Βよリ娃ハا娃ルات カا娃ゃデة 娃ホدろョ آわا娃よة リ娃ョ اヨャه娃レدس ، ホ ى娃娃ャاف إツ娃娃Α ا娃娃ョ دس娃娃レهヨャرر ا娃娃ボΑ ة娃娃ャاエャا ロذ娃娃ه ヶ娃娃ヘプ

و娃娃ボΑوم よإ娃娃トカار ا娃娃ボヨャاول 52娃ョヮ娃娃よا娃娃ボバャد و娃娃ボプا 娃娃レらヤャد .タورة إャى رب اモヨバャ ]* إرシال

娃娃ヨΒة ノ娃 ]

(c) the provision of all

necessary instruments,

appliances and labour in

connection with the

foregoing responsibilities

.

ヨャك娃ان ا娃ヨハΕال ヶ娃プ [ إن ョراバィة اヨャهレدس Εي エゎدΑد

ノ娃娃ホوヨャأو]* ا ブ娃娃バΑ Ι وىわジ娃娃ョ أو テ娃娃カ يΕ ヮ娃娃わバィراョ娃娃ョا エゎ * [ ペら娃娃シد娃娃Αد [ ا娃娃ボヨャاول ゃジ娃娃ョリ娃娃ョوリ娃娃ハヮわΒャ د娃娃ホة

و娃娃ヤハى ا娃娃ボヨャاول أن ヶ娃娃ヨエΑ ، و娃娃エΑا娃娃ヤハナプى ، 娃娃ョΚハات اわジ娃娃娃娃ヨャوى وا娃娃娃娃シΕوار ا娃娃娃娃トΒエヨャة واΕو娃娃娃娃ゎاد واΒ娃娃娃娃セΕاء

ョك娃娃ان ا娃娃ヨハΕال 娃プ[ ا娃娃カΕرى اガわジ娃娃ヨャدョة エゎヶ娃娃プد娃娃Αد ノホوヨャا. *[

ヶ娃

If , at any time during

the execution of the

works, any error appears

in the position, levels,

dimensions or alignment of

any part of the works, the

Contract

or, on being

required to do so by the

Engineer , shall, at his

won cost, rectify such

error to the satisfaction

of the Engineer, unless

such error is based on

incorrect data supplied in

writing by the Engineer,

in which case the Engineer

shall determine an

addition the Contract

price in accordance with

Clause 52 and shall notify

the Contractor accordingly

, with a copy to the

Employer .

296

The checking of any

setting – out or of any

line or level by the

Engineer shall not in any

way relieve the Contractor

of his responsibility for

the accuracy thereof and

the Contractor shall

carefully protect and

preserve all bench –

rails, pegs and other

things used in setting –

out the works.


297

: AGREEMENT دボバャة اΒホاヘゎا

__________ろヨゎ هذロ اヘゎΙاΒホة ヶプ اΒャوم

This Agreement made the

day リョ ,_______19 .

リΒよ اヨΒプ : of , 19

Between : ________________________________

of ______________________________

_________________________________

( hereinafter called the “Employer”) of the

one part and

________________________________

________________________________

ロرボョو___________________________

________________________________

デرف أول و ") رب اモヨバャ" واゼヨャار إヨΒプヮΒャا バよد よـ (

________________________________

ロرボョو___________________________

デرف をان ") اボヨャاول" واゼヨャار إヨΒプヮΒャا バよد よـ (

ヨャا آان رب اΑ モヨバャرΒヘレゎヶプょビذ أヨハال レΒバョة バヨよرプة اボヨャاول ヶوه :__________________________ of ______________________________

وゑΒェ أن رب اホモヨバャد 娃トハモらホاء ا娃ボヨャاول 娃Βボヤャام 娃Βヘレわよذ وإ娃ヨゎام

. ヤゎك اヨハΕال وإΚタح أΑة Βハوب Βプها ( hereinafter called the “Contractor”) of

the other part

where as the Employer is

desirous that certain works

should be executed by the

Contractor, viz

ル دボプ كャذャヶヤΑ اョ ىヤハ ةΒホاヘゎΙا ロهذ ろダ :

ゎأ娃娃娃カذ اャك娃娃娃ヨヤات وا娃娃娃らバャارات ا娃娃娃ャواردة ヶ娃娃娃プ ه娃娃娃ذロ اヘゎΙا娃娃娃Βホة -1اバヨャاヶル اダダガヨャة ャها セヶプروط اボバャد اゼヨャار إヨΒプヮΒャا

.バよد________________________________

2- リョ زأイわΑ Ι زءイر آジヘゎرأ وボゎة وΒャاわャدات اレわジヨャر اらわバゎヶة وهΒホاヘゎΙا ロهذ : And has accepted a Tende r

by Contractor for Execution

and completion of such works

and the remedying of any

defects therein

Now this Agreement

witnesseth as follows:

298

3- IN this Agreement words and expressions shall have the same meanings as are respectively assigned to them in t he Conditions of Contract

hereinafter referred to.

4- The following documents shall be deemed to form and be read and construed as part of this Agreement, viz :

299

.トカاب اらボャول )أ (

(a) . اトバャاء اゼヨャار إヮΒャ )ب (

). اイャزء اΕول واんャاヶル (セروط اボバャد )ج (

.اヨャواヘタات )د (

) ロ( اتョوシرャا.

. ホاヨもة اャكΒヨات )و (

(f)

آ娃ヨا ه娃و ゼ娃ョار إボョヶプ , ヮ娃Βャاョモよا Αدヮバプ رب اボヨヤャモヨバャاول -2わヤΑزم اボヨャاول ヨよوょィ هذロ اヘゎΙاΒホة ノョ رب اヨΒプ , モヨバャا バよد

وأن ウヤダ娃娃娃Α أ娃娃娃Αة 娃娃娃Βハوب Βプه娃娃娃ا 娃娃娃よأن 娃娃娃ヘレΑذ ا娃娃娃ヨハΕال وヨヨわΑه娃娃娃ا ロوィوャة اプآا リョ دボバャكام اェΕ ةボよاトヨャاよ .

, わヤΑزم رب اヨよモヨバャوょ娃ィ ه娃ذロ اヘゎΙا娃Βホة 娃よأن 娃Αد娃ボヨヤャノプاول -3

娃ヨΒホة , Βヌルر Βヘレゎذ وإヨゎام اヨハΕال وإΚタح أ娃Αة 娃Βハوب Βプه娃ا اボバャد وأΑة らョاヒャ أカري ウらダゎ واらィة اジャداد ヨよوょ娃ィ أェك娃ام

ボΑرトャاよات وホوΕا ヶプ كャد وذボバャاヮΒプ ةレΒらヨャة ا .

The Letter of

Acceptance ;

(b) The Said Tender;

(c) The Conditions of

Contract (part I and II );

(d) The Specifications;

(e) The Drawings; and

The Bill of

Quantities.

3- In consideration of the payment

to be made by the Employer to

the Contractor as hereinafter

mentioned the Contractor hereby

covenants with the Employer to

execute and complete the works

and remedy any defects therein

in conformity in all respects

with the provisions of the

Contract.

4- The Employer hereby covenants

to pay the Contractor in

consideration of the execution

and completion of the works and

the remedying of defects therein

the Contract Price or such other

sum as may become payable under

the provisions of the Contract

at the times and in the manner

prescribed by the Contract.

300

ボプد ارヶツ娃ゎ ا娃デΕراف أن , واセهادا ヤハى ョا ボゎدم リΒ娃らヨャا オΑار娃わャوم وا娃Βャا ヶ娃プ ةΒホاヘゎΙى اヤハノΒホوわャا ユわΑ ユهレョモكよ ةタاガャا リΒルواボヤャ اボプك وャدرها وذタヶプ .

: カاユゎ اデΕراف

____The Common Seal of

_____________ __________________________

: ツェヶプヮよユわカور

أو

リョユΒヤジわャوا ユわガャوا ノΒホوわャا ユゎ :

_____________________________

وذャك ツェヶプور -

In Witness whereof the

parties hereto have caused this

Agreement to be executed the

day and the year first before

written in accordance with

their respective laws,

_______________________________

was hereunto affixed in the

presence of :

OR

signed Sealed and Delivered by

the said

_______________________________

in the presence of :

301

Appendix 10. Industrial land lease executed in Saudi Arabia by the Royal

Commission for Jubail & Yanbu and Petromin Lubricating Oil Company

اズΒわヘわャ: اヨャادة اんャاレョة

ヤャペエΑهゃΒة اヤヨャكΒة ヶプ أي وろホ اレをاء ョدة هذا اボバャد

وヨよوょィ اバセار ΑوよヮィكΒヘΒة レョاらシة ボバョوャة わジヨヤャأィر أن

ズΒわヘゎة وレΑاバヨよ ومボゎ كام هذاェأよ دΒボわャا リョ أآدわヤャペプرヨャا

وヶヤハリΒバわΑ اわジヨャأィر أن モんヨヨャウヨジΑ اャهゃΒة . اボバャد

ペプرヨャرة واィؤヨャرض اΕول اカدよ اΒヨシوض رヘヨャة اΒكヤヨャا

اャذي ゾガΑ اわジヨャأィر ヶプ آاプة اΕوホات اボバヨャوャة واذا آان

ペよاトョ رΒビ أو ヶッرョ رΒビペプرヨャا リョ زءィ اك أيレه

ゃΒة اヤヨャكΒة シوف ボゎوم よاバセار らヤトわヨャات هذا اボバャد ،プإن اャه

ウΒエダわャ ةョزΚャراءات اィΙاذ اガゎΙ اΒよاわر آィأわジヨャا

وヶヤハょイΑ اわジヨャأィر أن ボΑوم よاィراء . ルواヶェ اダボャور

ペプرヨャا ヶプヶッرヨャدال اらわシΙأو ا モΑدバわャأو ا ウΒエダわャا

. اャذي ヮよ اダボャور وذャك ヮわボヘルヶヤハ اガャاタة

8. INSPECTION

The Royal Commission shall have the

right, at any time during the period of this

lease, upon reasonable notice to the lessee

to review and inspect the facility to ensure

compliance with the provisions of this

lease. The lessee shall give the Royal

Commission’s duly authorized

representative complete access all

reasonable times to the premises and the

lessee's facility. If any part of the facility is

found to be unsatisfactory or not in

conformity with the requirements of this

lease, the royal commission shall notify the

lessee in writing to take necessary action to

correct such deficiencies. Such deficient

facility shall be satisfactorily corrected,

revised or replaced by the lessee at the

lessee's expense.

TERMINATION FOR DEFAULT .9اバシة

A. If any of the following events of default

わャادة اヨャر : اΒダボわャا ょらジよ هاءルΙا:

わャاΒャة ヨよوェヶプょィاャة ェدوث أي ェリョاΙت اΒダボわャر ا) ا

302

:هذا اボバャد

1-ペプرヨャرة أو اィؤヨャرض اΖャ رィأわジヨャء اΚカا .

اよرام اわジヨャأィر Εي ボハد リョ اらャاリデ أو اレわャازل リハ هذا -2

اボバャد أو リハ أي エヤダョة ヮΒプ أو ヨΒプا よペヤバわΑكモ اΕرض

اヨャؤィرة أو أي ィزء レョها よدون ダェوョヶヤハヮャواボプة

آわاΒよة ボらジョة リョ اャهゃΒة اヤヨャكΒة

under this lease should occur:

(1) all of the premises or the facility being

abandoned by the lessee.

(2) any sublease or assignment of this lease

or any interest therein or as to all or any

part of the premises by the lessee being

entered into without the prior written

approval of the royal commission.

the lessee ceasing to be a validly (3) اわルهاء اャكΒان اボャاルوわジヨヤャヶルأィر-3

existing legal entity,

4- ウΑارダわャة اΒェΚタول وバヘョ انΑرシ هاءわルا ョ ادرةダャا

ペプرヨャاよペヤバわΑ اヨΒプ ةΒレバヨャة اΒョكوエャهة اイャوزارة أو اャا.

リ(4) the authorization issued by the

authorized Ministry or authority with

respect to the facility ceasing to be in full

force and effect,

21/ 12ص Page 12 of 21

5- ヶプ رィأわジヨャ(5) the lessee failing to comply with any

material provision of this Agreement.

اΒボわャد よأي リョ اゼャروط اシΕاΒシة اヘカاق ا

.ヶプ هذا اボバャد

Lease No. RCL I-6619 6619 –أ ر ヶシ ال أي : ボハد اイΑΗار رユホ 3/ج.649

303

AND IF WITHIN NINETY (90) Days

after the receipt of a written notice of

default from the royal commission, the

lessee fails to substantially remedy such

default or to provide satisfactory evidence

that such default will be corrected within a

period acceptable to the royal commission

may, by written notice, terminate the

specific service, in the case of default with

respect to a service or the lease in case of

the other defaults.

واذا أペヘカ اわジヨャأィر ウΒエダゎヶプ أوヮィ اΒダボわャر اレΒらヨャة

Α リΒバジゎوョا リョ اトカΙ ヮョΚわシار آわاヶよ ) 90(أΚカロΚハل

أو イハز ボゎリハدユΑ دリョモΒャ اャهゃΒة اヤヨャكΒة リハ اΒダボわャر

らボョول リョ اャهゃΒة اヤヨャكΒة ΑوよウッأバョユわΒシヮルاイャة ذャك

اΒダボわャر ィوهرΑا ツビヶプون わプرة らボョوャة リョ اャهゃΒة اヤヨャكΒة

اルهاء – ヨΑوょィ اバセار آわاヨΒプ ،– ヶよكヤャリهゃΒة اヤヨャكΒة

اガャدョة اエヨャددة اذا آان اΒダボわャر ボヤバわョا ガよدョة أو اルهاء

Ιاエャاよ رΒダボわャد اذا آان اボバャري اカΕت ا.

ヨΑكわジヨヤャリأィر آذャك اルهاء هذا اボバャد اذا ダホرت اャهゃΒة ) ب

ヶプ ةΒكヤヨャأو ا ヮΒプ واردةャة اΒシاシΕكام اェΕا リョ أيよ دΒボわャا

リكヨわゎユャ اذا– リΒバジゎ لΚカヶプ )90 ( مΚわシد اバよ اョوΑ

ウΒエダゎリョ هذا –اバセار آわاよヶよاダボわャر リョ اわジヨャأィر

اΒダボわャر أو ボゎدユΑ دよノレボョモΒャأシヮルوف ウΒエダゎユわΑ ذャك

リكヨΑ ヮルإプ ، رィأわジヨヤャ ةャوらボョ رةわプ لΚカ رΒダボわャا

ャهاء اルر اィأわジヨヤャ رΒダボわャها اΒプノボΑ ヶわャددة اエヨャات اョدガ

. ヨよوょィ اバセار آわاヶよ اذا آان اΒダボわャر ボヤバわョا よاガャدョة

وレハد اΚわシم اャهゃΒة اヤヨャكΒة Εي إバセار آわاゼよヶよأن اΒダボわャر

ΒヤハリΒバわΑها أن らゎذل ダホاري ィهدها ウΒエダわャ ذャك

اΒダボわャر وェヶプاャة اヘガャاق اャهゃΒة اヤヨャكΒة バョヶプاイャة هذا

اエヨャددة وآان هذا اΒダボわャر ョرトらゎا اΒダボわャر ヶプ اヨャدة

よاわャزاョها ボゎヶプدユΑ اガャدョات اダレヨャوص Βヤハها ヶプ هذا اボバャد

ヨΑكわジヨヤャリأィر ダよرف اヌレャر リハ أي ダルوص أカري –

أن ヶヤハモダエΑ أي リョ اガャدョات プΚカヮΒプ– モエョا ャذャك

اΒダボわャر ダョリョادر اカري أو أن ボΑوم わよوΒプر ヤゎك

ヮジヘレよ اتョدガャا.

B. if the royal commission shall fail to

comply with any material provision of this

lease and if, within ninety (90) days after

receipt of written notice of default from

the lessee, the royal commission fails to

remedy such default to provide satisfactory

evidence that such default will be corrected

within a period acceptable to the lessee, the

lessee may, be written notice, terminate the

specific service in the case of default in

respect to the service. Upon receipt of any

such written notice of default, the royal

commission will use its best efforts to

remedy such default. In the event that such

304

default is not remedied by the royal

commission within such period and such

default relates to the obligation of the royal

commission to furnish services, the lessee

may, notwithstanding any other provision

hereof to the contrary, obtain any service

to which such default relates from other

sources or provide such service itself.


Page 13 of 21 21/ 13ص

C. the rights and remedies of the royal

commission to terminate this lease for

default and the rights and remedies of the

royal commission upon such termination

fro default are in addition to any and all

other rights and remedies provided by law

or under this lease, and nothing contained

herein shall prejudice the rights of the

royal commission to take whatever action

it may deem necessary and appropriate to

obtain the satisfactory performance of this

lease or to recover from the lessee any

أن ボェوق وゎرらΒゎان اャهゃΒة اヤヨャكΒة ルΙهاء هذا اボバャد ょらジよ ) ج

ホوボェ كャر وآذΒダボわャهاء اルΙذ هذا اΒヘレゎ دレハ هاゎاΒらゎرゎها و

هヶ اッاプة إヶャ أي リョ وآاプة اボエャوق واわャرらΒゎات اカΕري

اΒヤハゾレΑ ヶわャها اボャاルون أو هذا اボバャد ، وザΒャ هレاك ョا هو

وارد ヶプ هذا اボバャد セリョأヮル أن ツΑر ボエよوق اャهゃΒة اヤヨャكΒة

ヶプ اガゎاذ أي اィراء ホد ゎراッロرورΑا وヨもΚョا ダエヤャول

ャ دΒィ أداء ヶヤハ ارةジカ ر أيィأわジヨャا リョ ردわジΑ د أوボバャهذا ا

أو إッرار أو ダョروプات أカري わヤヨエゎها اャهゃΒة اヤヨャكΒة

ょィوヨよヮゎاョزاわャا リョ أداء أي リョ رィأわジヨャا ブヤガゎょらジよ

هذا اボバャد

305

loss, damage and other expenses incurred

by the royal commission from the lessee's

failure to perform any of its obligation

under this lease.

10 – RETURN OF PERMISES

A. upon any termination of this lease

pursuant to Article (9). The lessee shall

have a period of six (6) months to transfer

acceptable to the royal commission which

acceptance shall not be unreasonably

withheld, the lessee shall remove the

facility and all other property from the

premises and restore the premises to the

condition in which they were delivered to

the lessee within eighteenth (18) months

from failure to reach agreement on a

transferee, unless otherwise agreed with

the royal commission. The lessee shall

continue to pay the rent and service

charges for the consumed use until the

premises are restored or received by the

royal commission. If after the above

mentioned periods the lessee ha failed to

abide by its obligations under shall be

إハادة الأرض اヨャؤィرة: اヨャادة اバャاセرة

ェヶプاャة اルهاء هذا اボバャد ょらジよ اヘカاق اわジヨャأィر وボプا ) أ

ユホادة رヨヤャ9 ةわシ رةわプ رィأわジヨャا ウレヨΒシ ارイΑΙد اボハリョ

ヶヤハ ةΒكヤヨャة اゃΒهャها اΒヤハペプواゎ هةイャペプرヨャا モΑوエわャ هرセأ

らシΕاب Βビر أノレわヨゎ Ι اャهゃΒة اヤヨャكΒة リハ هذロ اヨャواボプة

وェヶプاャة ハدم ゎوモタ اわジヨャأィر واャهゃΒة اヤヨャكΒة . ボバョوャة

ヶャإ ペプرヨャا モボル أنゼよ اقヘゎا ヶャددة ، إエヨャدة اヨャل اΚカヶプ

ペプرヨャة اャإزاよ ومボΑ ر أنィأわジヨャا ヶヤバプ ، ةャوらボョ ريカهة أィ

وノΒヨィ اヤわヨヨャكات اカΕري リョ اΕرض اヨャؤィرة وآذا

ا اジャاボよة إΚタح اΕرض اヨャؤィرة واハادゎها إヶャ وわΒバッه

ヮΒヤハペプواゎ اョ اءレんわシإよ هاャヮョΚわシد اレハ هاΒヤハろルآا ヶわャا

اャهゃΒة اヤヨャكΒة プΚカا ャذャك ، وذャك ツビヶプون ヨをاΒルة ゼハر

)18 ( モヘボル أنゼよ اقヘゎإ ヶャإ モタوわャدم اハオΑارゎリョ هراセ

وヶヤハ اわジヨャأィر أن ヨわジΑر . اヨャرペプ إィヶャهة أカري らボョوャة

ボョاモよ اヨバわシΙال ヶプ دノプ اヨΒボャة اイΑΙارΑة ورシوم اガャدョات

ろルآا ヶわャة اャاエャا ヶャرة إィؤヨャرض اΕادة اハإ ユわゎヶわェ

وإذا . Βヤハها أو ヶわェ اΚわシم اャهゃΒة اヤヨャكΒة Ζャرض اヨャؤィرة

اペヘカ اわジヨャأィر バよد اわルهاء اヨャواΒハد اゼヨャار اΒャها ヶプ اャوプاء

ヮゎاョزاわャا

306

obligated to

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Page 14 of 21 21/ 7ص

اردة ヶプ هذロ اヨャادة ウらダΑ اわジヨャأィر ヤョزョا バわよوヂΑ اャو

اャهゃΒة اヤヨャكΒة リハ آاプة اダヨャارブΑ اヶわャ اわボヘルها ヶプ اハادة

اΕرض اヨャؤィرة إェヶャاわャها اΒヤタΕة

Reimburse the royal commission for its

expense in restoring the premises to their

original condition.

Κピل اわジヨャأィر Ζャرض اヨャؤィرة أو ェヶプاャة ハدم اわシ) ب

Εي ジョاェة آΒらرة レョها ヶプ أي وろホ أレをاء ョدة اイΑΙار

وハدم ヨゎكリ اわジヨャأィر ボゎリョدユΑ اらをات ョرヤャヶッهゃΒة

اヤヨャكΒة よأシヮルوف ユわΑ اΚピわシل اΕرض اヨャؤィرة أو ذャك

اイャزء レョها ، プإن ذャك اイャزء リョ اΕرض اヨャؤィرة واャذي

ΚピわジョリكΑ ユャ )هاレョ زءィ ة أو أيゃΒهャا ロددエゎ اョょジェ

レハدョا –ょイΑ أن リョヮヤダプユわΑ اΕرض اヨャؤィرة ) اヤヨャكΒة

. وバΒヨをリョاد إヶャ اャهゃΒة اヤヨャكΒة –ょヤトゎ اャهゃΒة اヤヨャكΒة ذャك

وآモ اセارة バよد ذャك إヶャ أΕرض اヨャؤィرة ヨよوょィ هذا

اボバャد シوف ヶレバゎ وΒゼゎر إョヶャا リョヶボらゎ اジヨャاェة اΒヤタΕة

ヂΒヘガゎユわΑرة وィؤヨャرض اΕا リョヶヤハ ةΑارイΑΙة اヨΒボャا

ヶらジル اسシأ

B. in the event that any time during the

lease period, the premises or any

substantial area of the premises, are not

being utilized by the lessee, and the lessee

cannot demonstrate to the satisfaction of

the royal commission that the premises or

such are will be utilized, such unused area

(or any portion thereof, as the royal

commission, may designate) shall, upon

request of the royal commission, be served

from the premises and returned to the royal

commission and thereafter each reference

herein to the "premises" shall mean and be

307

a reference to the premises as modified

hereby. For the period after such return, the

rent shall be reduced proportionately.

اヨャادة اエャادΑة ゼハر : اイΑΙار リョ اらャاリデ واレわャازل

ィؤΑ ر أنィأわジヨヤャペエΑ Ι أو リデاらャا リョ رةィؤヨャرض اΕر ا

レわΑازل リハ هذا اボバャد أو أي エヤダョة よペヤバわゎヮΒプاΕرض

اヨャؤィرة أو ィزء レョها Βピヤャر ، آヨا わジヨヤャペエΑ Ιأィر

اツカاع اΕرض اヨャؤィرة Εي Βホد أو رهリ أو أي トョاらャات

. أカري ゼョاよهة إヨよ Ιواボプة آわاΒよة ボらジョة リョ اャهゃΒة اヤヨャكΒة

リョ ةΒكヤヨャة اゃΒهヤャ وزイΑها وわΒャوゃジョリハ ازلレわャر اカأ⌒ャろホو

リハ أي リョ أو آاプة اガャدョات اゼヨャار اΒャها ヶプ اヨャادة اジャاバよة

ΑΕة ィهة " اイわャهΒزات اシΕاΒシة " リョ هذا اボバャد レバよوان

آذャك プإن ヤャهゃΒة اヤヨャكΒة اペエャ . أカري ذات آヘاءات レョاらシة

ヶプ اレわャازل リハ هذا اボバャد よكاヮヤョ أو ィزء ヮレョ إヶャ آΒان

أو أآんر ヶプ داモカ اヤヨヨャكة ، ヶヤハ أن ホモヨエわゎاルوヶル واェد

اイャهة اレわヨャازل اΒャها ノΒヨィ اわャزاョات اャهゃΒة اヤヨャكΒة よاらジレャة

وらわバゎر اわャزاョات . ャذャك اイャزء اレわヨャازل ヶプヮレハ هذا اボバャد

اャهゃΒة اヤヨャكΒة اボヤバわヨャة よهذا اイャزء اレわヨャازل リョヮレハ اボバャد

.わレョهة اらわハارا ゎリョارオΑ اレわャازل

11- SUBLEASE AND ASSIGNEMT

The lessee shall not sublease the premises

or assign this lease or any interest therein

as to all or part of the premises, or cause

the premises to become subject to any lien,

mortgage or other similar claim, without

the prior written consent of the royal

commission.. the royal commission from

time to time may sassing the

responsibilities for any or all of the

services referred to in Article (7) hereof to

any other entity with appropriate

capability. The royal commission has the

right to assign all or part of this lease to

one or more legal entities in the Kingdom

provided, however, that the assignee shall

assume a;; the obligations of the royal

commission relating to that part of this

lease which is assigned. upon such

assignment, the obligations of the royal

commission relating to that part of the

308

lease which is assigned shall terminate.


15/21ص

: اわャأΒカر وヨゎدΑد اわヘャرة اャزΒレョة : اヨャادة اんャاΒルة ゼハر

Page 15 of 21

12. DELAYS AND EXTENSION OF TIME

ヨゎヶプ Each party hereto shall be entitled to anد

appropriate extension of time for performance of

its respective obligations under this Lease (other

than obligations for the payment of a sum of

money due to under this Lease), if such

performance is prevented or delayed by any

condition, existing or future, which is beyond the

reasonable control and without the fault or

negligence of such party and which condition was

not foreseeable by such party at the time this

Lease was entered into and which such party by

taking reasonable steps could not have prevented.

Such conditions shall include, without limitation,

acts of God, War, fire, floods and interference by

civil or military authorities. Such party shall give,

within seven (7) days of the commencement of

any such delay, to the other party written notice

ペエャد اボバャا ヶプرデリョモكャ كونΑゎاョزاわャاよ اءプوヤャょシاレョヶレョد زΑヮ ًاボらデ

). اヨャاΒャة اわヨャرらゎة Βヤハةتよاレんわシاء ョا ΒヘレわよペヤバわΑذ اわャΙزاョا(, ェΕكام هذا اボバャد

وェヶプاャة اヤΒエャوャة دون ذャك اΒヘレわャذ أو ゎأカرらシΕ ロاب ョرバィها ニروف ェاΒャة أو

ャذ リョ الヨأ أو إهトガャ كャذ リكΑ ユャة و وャوボバヨャرة اトΒジャا リハ ةィارカ ةΒヤらボわジョ ك

اトャرف وΑ ユャكヨョリكレاً اらレわャؤ ヤわよك ヌャروف أو ゎوバホها أو ヘゎادي وホوハها バよد

-وリョ ذャك, اガゎاذ اトガャوات اレヨャاらシة よواトシة ذャك اトャرف وろホ إよرام هذا اボバャد

واエャرب واエャرペΑ واツΒヘャاルات وェاΙت , ェوادث اツボャاء واボャدر-وよدون エゎدΑد

أن トガΑر اトャرف ヤバプى ذャك اトャرف, ゎدモカ اトヤジャات اヨャدΒルة أو اジバャكرΑة

バらシة أΑام ゎリョارオΑ ) 7(اカΕر آわاよة リハ هذا わャأΒカر وわルاヮイも اわヨャوバホة Κカل

وわヤΑزم اトャرف اヶレバヨャ أن ボΑدم إトカار آわاΒよاً バゼΑر よ . ヮΒプدء ذャك اわャأΒカر

バらシة أΑام ゎリョارオΑ اわャأΒカر エΑدد ョヮΒプدة اわャأΒカر ) 7(اトャرف اカΕر Κカل

. اΒヤバヘャة

309

thereof and of the anticipated results thereof, and,

within seven (7) days after the termination of any

such delay, shall file an additional written notice

with the other party specifying the actual duration

of such delay.

ي リョ اヌャروف اヨャذآورة ヤバプى اトャرف اャذي ゎأカرت أو أろボΒハ وレハد ェدوث أ

أヨハاヮャ أن ガわΑذ اィΗراءات اΚャزョة ブΒヘガわヤャ واΚホΗل をへリョار هذا اわャأΒカر وأن

ゎاョزاわャذ اΒヘレゎ وراプモタواΑヮهدイャا ヮバシا وョ دボバャهذا ا ょィوヨよ .

In the event of any such condition, the party

whose performance was delayed or prevented

shall take all necessary measures to mitigate and

minimize the effect of the delay and to continue

with the prompt and diligent performance of its

obligations under this Lease.

COOPERATION WITH OTHERS.13اんャة ゼハر

んャادة اヨャا : リΑرカΓا ノョ اونバわャا:

There may be contractors, subcontractors, and

agents or employees of the Royal Commission

and its authorized representatives working

adjacent to the premises or on the premises after

having receives authorization shall not be

unreasonably withheld) during the term of this

Lease. The Lessee shall fully cooperate with the

Royal Commission and such contractors and

ホد わΑواィد أレをاء わプرة Βヘレゎذ هذا اボバャد ボョاوャون وボョاوャون リョ اらャاリデ ووآΚء أو

ョوヘニون ヤャهゃΒة اヤヨャكΒة وΒヤんヨョها اヘヨャوヤヨバΑ リΒッون イよوار اΕرض اヨャؤィرة أو

هذヶプ ) ロ اΕرض اヨャؤィرة バよد ダェوャهヤハユى ダゎارリョウΑ اわジヨャأィر

وヤハى ). رها دون ボバョょらシولاダわャارょイΑ ウΑ أن ユわΑ Ι اレわョΙاع リハ إタدا

اわジヨャأィر أن

Page 16 of 21 16/21ص


バわΑاون ノョ اャهゃΒة اヤヨャكΒة واボヨャاوリΒャ و اボヨャاوリョリΒャ اらャاリデ اヨャذآورバゎリΑاوルاً

Κًョآا ヶプモヨバャام اヨゎان إヨツャو ユهャاヨハΕ ةホاハر أو إΒカأゎ دوث أيェょレイわャ

ユヌわレョモكゼよ ةΒハاレダャة اレΑدヨャة. اΒكヤヨャة اゃΒهヤャリكヨΑو ,ろホوャا ザヘルヶプ , ょヤトゎ أن

リョ اわジヨャأィر اヨバわシال ョراペプ وレョاレΒバョペデة よاヨャدレΑة اレダャاΒハة カارج トルاق

Subcontractors to avoid any delay or hindrance of

their activities and to assure the orderly

completion of the Industrial City as a whole. The

310

リΑرカへ اصガセأ ノョ رةィؤヨャرض اΕا .ャر واィأわジヨャى اヤハリΒバわΑة وΒكヤヨャة اゃΒه

أن ヨΑارシا اエャرص واレバャاΑة اΚャزヘわャリΒョادي اヶプょらジわャ أي إタاよة أو ッرر

ガセΖャاص اバャاトルヶプリΒヤョاق اゼヨャروع أو ヤわヨョكاゎهユ اヨャوィودة ヶプ أو よاボャرب

. リョ اΕرض اヨャؤィرة

Royal Commission may also require that certain

facilities and areas at the Industrial City outside

of the Premises be used concurrently by the Lease

and other persons. The Lessee and the Royal

Commission shall exercise due care and diligence

to avoid causing any injury or damage to persons

or property of those working at or adjacent to the

Premises.

: اモんヨヨャ اヘヨャوض : اヨャادة اャراバよة ゼハر 14. AUTHORIZED REPRESENTATIVE

Βプ ومボゎヶわャات اホوΕا ノΒヨィヶプ رضΕارة اΑزよヮヤんヨョ ة أوΒكヤヨャة اゃΒهャها ا

اヨャؤィرة バヨヤャاレΑة أو Βビرها وボプاً ヨャا ورد ヶプ اヨャادة اんャاレョة リョ هذا اボバャد レバよوان

"ズΒわヘわャوض , "اヘョモんヨョ دィواゎ أنゼよ اتらΒゎرわャا ノツΑ ر أنィأわジヨャى اヤハリΒバわΑ

ズΒわヘわャراء اィΗ ذآورヨャ ةΒكヤヨャة اゃΒهャا モんヨョノョ اونバわヤャ رضΕك اヤゎヶプヮャ أو

Βヘレゎذ أェكام هذا اボバャد セرトΑة أن Αكون モんヨョ اわジヨャأィر ヨヤョاً レらよود اボバャد وヤハى

モョاバわよ ةタاガャراءات اィΗا ょΒゎرゎ ىヤハ ادرホو ペプرヨャا モΒピゼゎ ةボΑرトよリョ ةレΒよ

. اわジヨャأィر ノョ اャهゃΒة اヤヨャكΒة ヶプ آョモا ΒヘレわよペヤバわΑذ أェكام هذا اボバャد

At all times when the Royal Commission or its

authorized representative visit the premises to

perform inspections or otherwise as provided in

Article (8) of this Lease, the Lessee shall arrange

for an authorized representative of the Lessee to

be present at the premises. Such representative of

the Lessee shall cooperate with the Royal

Commission as necessary or to enforce this

Lease, and shall be knowledge about the terms of

this Lease, familiar with plant operations, and

capable of arranging for the Lease to deal with the

Royal Commission in all mattes pertaining to this

Lease.

The Royal Commission and the Lessee shall

designate in writing from time to time their

authorized representatives in connection with this

ろホو リョ ةよاわآ リΒッوヘヨャها اヤんヨョリΒΒバわよ رィأわジヨャة واΒكヤヨャة اゃΒهャا リョモوم آボゎو

. カΓر ヨΒプا ΒヘレわよペヤバわΑذ أェكام هذا اボバャد

311

Lease.

ガャ15. INDEMINITY AND RELEASEاジョة ゼハر

: اバわャوヂΑ وإよراء اャذョة: اヨャادة ا

THE Lessee shall indemnify, defined, save

harmless, and release the Royal Commission and

its authorized representatives and each of them

and all their employees, officers, directors and

authorized representatives from and against any

and all suits, actions, legal

モوآ リΒッوヘヨャها اΒヤんヨョة وΒكヤヨャة اゃΒهャا ヂΑوバわよ ومボΑ ر أنィأわジヨャى اヤハリΒバわΑ

リョユهわΒヨェو ユهレハ اعプدャاよリΒッوヘヨャا ユهΒヤんヨョو ユهもدراョو ユهΒヘニوョ ةプوآا ユهレョ

اΕذى وإよراء ذわョهヂバよリョユ أو آモ اツボャاΑا واバプΕال واィΗراءات اボャاルوΒルة أو

اΗدارΑة واトヨャاらャات واャدハاوي واッΕرار واゃジヨャوΒャات واヘャواもد

Page 17 of 21

モらホ

Lease No. RCL I-6619 6619 –أ ر ヶシ ال أي : ボハد اイΑΗار رユホ 3/ج.649 17/21ص

اヨャاΒャة وأバゎاب اエヨャاリΒョ واわャكاブΒャ أΑا آان ルوハها أو わバΒらデها シواء ゼルأت

اΚピわシل أو إゼルاء أو モΒピゼゎ أو إدارة ) أ: (هذا اボバャد وゼルأت リョأو バよد إルهاء

. اΕرض اヨャؤィرة أو اヨャرモらホリョペプ اわジヨャأィر أو أي أヨハال ヘレゎユわΑذها Βプها

أي ダゎرف ) ب(

Subcontractors to avoid any delay or hindrance of

their activities and to assure the orderly

completion of the Industrial City as a whole. The

Royal Commission may also require that certain

facilities and areas at the Industrial City outside

of the Premises be used concurrently by the Lease

and other persons. The Lessee and the Royal

Commission shall exercise due care and diligence

to avoid causing any injury or damage to persons

or property of those working at or adjacent to the

Premises.

ゼハ 14. AUTHORIZED REPRESENTATIVEر

んヨョ

: اモんヨヨャ اヘヨャوض : اヨャادة اャراバよة

At all times when the Royal Commission or its

authorized representative visit the premises to

perform inspections or otherwise as provided in

よヮヤزΑارة اΕرض ノΒヨィヶプ اΕوホات اボゎヶわャوم Βプها اャهゃΒة اヤヨャكΒة أو

اヨャؤィرة バヨヤャاレΑة أو Βビرها وボプاً ヨャا ورد ヶプ اヨャادة اんャاレョة リョ هذا اボバャد レバよوان

"ズΒわヘわャوض , "اヘョモんヨョ دィواゎ أنゼよ اتらΒゎرわャا ノツΑ ر أنィأわジヨャى اヤハリΒバわΑ

ャها ヤゎヶプك اΕرض バわヤャاون モんヨョノョ اャهゃΒة اヤヨャكΒة ヨャذآور ィΗراء اズΒわヘわャ أو

312

ボバャكام هذا اェذ أΒヘレゎ ىヤハد وボバャود اレらよ ًاヨヤョ رィأわジヨャا モんヨョ كونΑ ة أنトΑرセ د

モョاバわよ ةタاガャراءات اィΗا ょΒゎرゎ ىヤハ ادرホو ペプرヨャا モΒピゼゎ ةボΑرトよリョ ةレΒよ

. اわジヨャأィر ノョ اャهゃΒة اヤヨャكΒة ヶプ آョモا ΒヘレわよペヤバわΑذ أェكام هذا اボバャد

Article (8) of this Lease, the Lessee shall arrange

for an authorized representative of the Lessee to

be present at the premises. Such representative of

the Lessee shall cooperate with the Royal

Commission as necessary or to enforce this

Lease, and shall be knowledge about the terms of

this Lease, familiar with plant operations, and

capable of arranging for the Lease to deal with the

Royal Commission in all matters pertaining to

this Lease.

ろホو リョ ةよاわآ リΒッوヘヨャها اヤんヨョリΒΒバわよ رィأわジヨャة واΒكヤヨャة اゃΒهャا リョモوم آボゎو

. カΓر ヨΒプا ΒヘレわよペヤバわΑذ أェكام هذا اボバャد

The Royal Commission and the Lessee shall

designate in writing from time to time their

authorized representatives in connection with this

Lease.

ガャ15. INDEMINITY AND RELEASEاジョة ゼハر

: اバわャوヂΑ وإよراء اャذョة: اヨャادة ا

THE Lessee shall indemnify, defend, save

harmless, and release the Royal Commission and

its authorized representatives and each of them

and all their employees, officers, directors and

authorized representatives from and against any

and all suits, actions, legal

モوآ リΒッوヘヨャها اΒヤんヨョة وΒكヤヨャة اゃΒهャا ヂΑوバわよ ومボΑ ر أنィأわジヨャى اヤハリΒバわΑ

リョユهわΒヨェو ユهレハ اعプدャاよリΒッوヘヨャا ユهΒヤんヨョو ユهもدراョو ユهΒヘニوョ ةプوآا ユهレョ

リョユهわョراء ذよذى وإΕة أو اΒルوルاボャراءات اィΗال واバプΕا واΑاツボャا モأو آ ヂバよ

اΗدارΑة واトヨャاらャات واャدハاوي واッΕرار واゃジヨャوΒャات واヘャواもد

313

Appendix 11. Agreement to arbitrate boundary dispute between two countries

(Arbitration Compromise)

Israel and Egypt

Reaffirming their adherence to the provision of the Treaty of Peace of 26 March

1997, and their respect for the inviolability and sanctity of the recognized

international boundary between Egypt and the former mandated territory of

Palestine.

Have agreed to submit the dispute

However, in the event a member nominated by a government is or becomes unable

for any reason to perform his or her duties, the original nominating government shall

designate a replacement member, within 21 days of such a situation.

…, in accordance with the

Peace Treaty, the April 25,

1982 agreement, and the

Annex.

Each party will be entitled to submit to the Tribunal any evidence which that party

considers relevant to the question.

The proceedings shall consist of written pleadings, oral hearings and visits.

…, and by 30 additional copies for communication by the registrar to the other party.

It shall also be accompanied by copies, certified by the respective agent, for

communication by the registrar to each of the members of the Tribunal.

Any documents and maps quoted or referred to in a pleading shall, whenever

possible, be annexed to the pleading.

314

The oral hearings and the visits shall be conducted in such order and in such manner

as the Tribunal shall determine.

The agent of each party, and such other individuals as the agent may determine shall

be entitled to accompany the Tribunal during the visits.

If the Tribunal determines that without good cause a party has failed within the

prescribed time to appear or present its case at any stage or the proceedings, the

Tribunal may determine how to proceed with the arbitration process and to render its

award on the merits.

At the time of the rendering of the award, the award and the written pleadings shall

be made public, unless otherwise agreed by the parties.

A three –member chamber of the Tribunal shall explore the possibilities of a

settlement of the dispute.

No position, suggestion, or recommendation, not otherwise part of the presentation

of a party’s case on the merits, shall be brought to the attention of the other members

of the Tribunal, or betaken into account in any manner by any of the members of the

Tribunal in reaching their arbitral decision.

The Tribunal shall endeavor to render its award within 90 days of the completion of

the oral hearings and visits. The award shall state the reasons upon which it is based.

Israel and Egypt agree to accept as final and binding upon them the award of the

Tribunal.

315

316

モΒもراシر وإダョ إن

ヶプ مΚジャاهدة اバョ كامェأよ اヨكهジヨゎ دΑدィリョ ؤآدانゎ ارس 26إذョ 1979ヨهョراわェرف وإわバヨャة اΒャدوャدود اエャة اΒシدボャ ا

よها ダョリΒよر وろエゎリΒトジヤプ اわルΗداب وハدم اジヨャاس よها

إわボヘゎا ヤハى إェاャة اレャزاع

ヮョهاョ ى أداءヤハ ادرホ رΒビょらシ يΕ ةョكوェリョリΒバョ وツハウらタا إذا آان أو أョ ةャاェヶプك وャذ ノョل , وΚカ ΚΑدよ ةョكوエャا ロهذ リΒバゎ

. Αوョا ゼルリョأة هذロ اエャاャة21

.واペエヤヨャ , 1982 اよرモΑ 25اヘゎاق , وボプا バヨャاهدة اΚジャم , ...

.ャペエΑكデモرف أن ボΑدم エヨヤャكヨة أΑة أدャة らわバΑرها ذات ヤタة よاジャؤال

モヨわゼゎ اィΗراءت ヤハى اヨャذآرات اヨャكわوよة واヨャراバプات اヘゼャوΑة واャزΑارات

タور ダョدق Βヤハها リョ اャوآΗ モΒرシاャها タورة اッاΒプة Ηرシاャها よواトシة اャوآモΒ اャى اトャرف اカΓر آヨا Αرよペプها أツΑا30و

.よواヮわトシ اャى آツハモو リョ أツハاء اエヨャكヨة

.أΑة وをاペも وカراΑ テもرد ذآرها أو ゼΑار اΒャها Βプها, ホدر اョΗكان , وよペエヤΑاヨャذآرة اヨャكわوよة

.イゎري اヨャراバプات اヘゼャوΑة واャزΑارات ボらデا ヌレャام وヤハى エルو ョا ボゎررロ اエヨャكヨة

.وダョاらェة اエヨャكヨة وأレをاء زΑاراゎها,ون ヤハى エルو ョاボΑررロ اャوآャペエΑ モΒوآモΒ آデモرف وأプراد カへر

إذا ホررت اエヨャكヨة أن デرプا ホد モゼプ دون ボバョょらシول ヶプ اんヨャول او ハرض ヶプヮわΒツホ اャوろホ اエヨャدد أレをاء أΑة ョرヤェة リョ اィΗراءت

.イΑوز ャها أن ボゎرر آΒヘΒة اヨわシΙرار Βヤヨハヶプة اエわャكユΒ وإタدار ェكヨها ヶプ اヨャوッوع

エャا リヤバΑ ユكエャدور اタろホة وよوわكヨャذآرات اヨャوا ユك, كャف ذΚカ ىヤハ رافデΕا ペヘゎإذا ا Ιا.

.ヌレゎر ビرプة ΒをΚをة リョ أツハاء اエヨャكヨة ヶプ إヨわェاΙت ジわャوΑة レヤャزاع

, Κガよف ョا ィモんヨΑزءا バャرض أェد اデΕراف ヶプ اヨャوッوع , Α Ιأカذ أツハاء اエヨャكヨة اカΓرون ヨヤハا よأي ョوブホ أو اわホراح او ゎوΒタة

. ヶプ اらジエャان よأي ェال よواトシة أي リョ أツハاء اエヨャكヨة ゎリハوヤタهユ اャى ホرار اエわャكユΒأو Αؤカذ

.バジゎى اエヨャكヨة タΗدار ェكヨها Κカل Α リΒバジゎوョا リョ اわルهاء اヨャراバプات اヘゼャوΑة واャزΑارات リヨツわΑ اエャكユ اらシΕاب اヶわャ أレわシد اΒャها

.ダョペヘわゎر وإシراヤハモΒもى らホول ェكユ اエャكヨة よوルヮヘタهاΒもا وヤョزョا ャهヨا