5 Mistakes Legal Teams Can't Afford And How To Avoid Them

International arbitration often crosses borders, languages, and legal systems. When contracts, witness statements, or expert reports are not in the language of the proceedings, certified translations become critical. Yet, many legal teams underestimate how procedural, linguistic, or formal translation errors can undermine the credibility of evidence or even lead to the rejection of submissions.

Below are five of the most common mistakes legal teams make when managing certified translations in arbitration, along with practical steps to avoid them.

1. Treating "Certified" and "Sworn" Translations as the Same Thing

Many legal teams assume that a "certified" translation (attested by a professional translator or agency) is equivalent to a "sworn" translation (authorized by a court-appointed translator). However, the distinction matters and varies by jurisdiction and arbitral seat. A "certified" translation may suffice in some cases, while others require a "sworn" or even "notarized" translation to be admissible.

Submitting the wrong certification form can delay proceedings, prompt challenges from opposing counsel, or force the resubmission of key evidence.

How to avoid it:

• Confirm early whether the arbitral rules or seat of arbitration specify a translation type.
• If national courts are involved (e.g., enforcement or interim measures), verify local certification requirements.
• Maintain a roster of pre-approved translators who can provide certified and sworn translations where needed.

2. Using Translators Without Proven Legal Expertise

Even experienced linguists can misinterpret legal terms if they lack a contract or procedural law background. Words like "consideration," "warranty," or "without prejudice" can carry jurisdiction-specific meanings.

Literal or inaccurate translations of key terms can distort legal arguments and evidence, particularly in complex disputes involving civil and common law concepts.

How to avoid it:

• Choose translators specialized in legal and arbitration terminology.
• Request sample translations or references from prior arbitration cases.
• Pair translators with a legal reviewer familiar with the source and target legal systems.

3. Ignoring Translation Consistency Across Submissions

Different translators (or agencies) often work on various documents within the same case, resulting in inconsistent terminology. For example, one translator renders "contrato marco" as "framework agreement," while another calls it a "master contract."

Inconsistencies confuse arbitrators and can make written submissions appear poorly coordinated. They also give opposing counsel grounds to question the accuracy of the record.

How to avoid it:

• Develop a centralized glossary of key terms early in the proceedings.
• Use translation memory tools to maintain consistency across all documents.
• Assign one lead linguist or quality manager to oversee terminology harmonization.

4. Overlooking Certification Formatting and Procedural Requirements

Legal teams sometimes submit translations without the correct certification statement, signature, or seal, or fail to provide a translator's declaration of accuracy.

Tribunals may reject uncertified translations or request resubmission, causing procedural delays. In court-related arbitration matters, improperly certified documents may be deemed inadmissible.

How to avoid it:

• Always request a signed certificate of accuracy with translator credentials and contact details.
• Ensure formatting complies with tribunal or institutional rules (e.g., ICC, LCIA, ICSID).
• For notarized translations, confirm whether an apostille or legalization is required.

5. Waiting Until the Last Minute to Commission Translations

Translation is often left to the final stage of document preparation, after submissions are drafted and deadlines are looming.

Rushed translations increase the likelihood of errors, prevent proper legal review, and add unnecessary stress to the arbitration team.

How to avoid it:

• Integrate translation timelines into your case management plan from the outset.
• Ask your provider for estimated turnaround times based on document volume.
• For ongoing matters, use a rolling translation schedule to process evidence progressively.

Bonus Tip: Verify and Archive Certified Translations Properly

Certified translations should be securely stored with accompanying certificates and translator declarations, even after submission. Verifiable certified copies can make all the difference in enforcement or annulment proceedings years later.

In arbitration, where precision and procedural integrity are paramount, translation quality is not a mere formality; it's a matter of evidentiary weight and professional credibility. When handled strategically, certified translations can strengthen your case, demonstrate procedural diligence, and help avoid costly delays.

The key takeaway: Treat translation as part of your legal strategy, not an administrative afterthought. Partner with qualified legal translation professionals early, establish clear standards, and ensure certification compliance every step of the way.

TL;DR:
Certified translations play a critical role in international arbitration — but small missteps can have major procedural and reputational costs. The five biggest mistakes legal teams make are:

1. Confusing certified, sworn, and notarized translations.
2. Using translators without proven legal expertise.
3. Letting terminology drift across submissions.
4. Missing certification or formatting requirements.
5. Leaving translation until the last minute.

How to avoid them: Verify the right certification type early, work with legal translation specialists, enforce consistent terminology, double-check certification details, and build translation timelines into your case strategy.

Why Choose Morningside for Certified Translations in Arbitration

When precision and procedural compliance are essential, Morningside provides the trusted expertise that arbitration teams depend on. Our certified legal translation services are specifically designed for law firms and corporate legal departments engaged in international arbitration, where every word carries evidentiary weight.

Our team of expert legal translators combines linguistic mastery with a deep understanding of arbitration terminology, institutional rules, and certification requirements. Whether you need contracts, witness statements, or expert reports translated, we ensure that every document is accurate and compliant with tribunal and jurisdictional standards.

Morningside uses advanced translation management systems and terminology databases tailored to each case to maintain the highest level of consistency and reliability. Every translation undergoes multi-step quality assurance, including review by senior linguists with legal expertise, ensuring complete accuracy and uniformity across submissions.

At Morningside, a Questel company, we also understand the paramount importance of confidentiality in arbitration. Our secure platforms, ISO-certified processes, and strict confidentiality protocols safeguard sensitive client information from start to finish.

By partnering with Morningside, legal teams can focus on strategy and be confident that their certified translations meet the highest professional and procedural standards. Our goal is simple: to ensure that language never becomes a barrier to a fair and effective arbitration outcome.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.