Tag: #νομικημετάφραση #legaltranslation

Ορισμένες πρώτες σκέψεις σχετικά με την απόφαση 221/2026 του Αρείου Πάγου.

Η υπόθεση αφορούσε ένα μακροχρόνιο έργο αιολικής ενέργειας, στο οποίο συμμετείχαν μια ελληνική εταιρεία ανάπτυξης έργων και ένας Ισπανός επενδυτής. Παρότι το έργο επρόκειτο να κατασκευαστεί στην Ελλάδα, η μεταξύ τους σχέση διεπόταν από συμβάσεις συνταγμένες στην αγγλική γλώσσα.

Όταν η σχέση αυτή οδηγήθηκε τελικά σε ρήξη, ο Ισπανός επενδυτής επέδωσε εξώδικη δήλωση με την οποία γνωστοποιούσε ότι είχε αποφασίσει να «terminate the … Contracts and withdraw from the Project».

Η έννοια και οι έννομες συνέπειες της δήλωσης αυτής αποτέλεσαν αντικείμενο της δίκης. Τα δικαστήρια που εξέτασαν την υπόθεση ασχολήθηκαν με το συμβατικό λεκτικό και τις ελληνικές μεταφράσεις.

Για περισσότερα, διαβάστε το άρθρο. ⬇️ Greek Supreme Court judgment No. 221/2026

 

Hellenic Supreme Court Judgment No. 221/2026 [1] contains an unusually useful example of translation becoming part of the legal problem in a cross-border dispute.

The underlying case concerned a long- running wind-energy project involving a Greek developer and a Spanish investor. Their relationship was governed by English-language contracts. When that relationship eventually broke down, the Spanish investor served an extrajudicial notice stating that it had decided to “terminate the … Contracts and withdraw from the Project”. The meaning and legal effect of that declaration became part of the litigation. The courts had to consider the contractual language, the Greek translations relied upon by the parties and the legal mechanism that the notice was attempting to exercise

The way the documents had been translated had become relevant to the court’s legal analysis of the dispute.

When terminology becomes part of the argument

The central translation issue concerned the English terms “withdrawal” and “withdraw”. The parties had produced different Greek renderings of the same contractual language. In the Framework Agreement, the Greek developer translated the heading “Withdrawal” as «Υπαναχώρηση». The Spanish investor’s translation used «Απόσυρση». Within the operative provisions of the Spanish investor’s own translation, however, “withdraw from their obligations” was rendered using «υπαναχώρηση», and the same term appeared again in the provisions describing the consequences of exercising that right. The Court of Appeal expressly identified the inconsistency.

That finding has an immediate practical significance for lawyers. A translation commissioned during the early stages of a matter may still be sitting in the file several years later when the meaning of the underlying provision becomes disputed. The terminology adopted at that earlier stage can then be compared with later translations of notices, correspondence, pleadings and exhibits. If the same contractual mechanism has been rendered differently across the record, counsel may have to explain why. In Judgment No. 221/2026, the inconsistency was visible to the court and formed part of its assessment of the competing terminology.

The legal significance of the words also depended on context. The Court of Appeal considered «υπαναχώρηση», «απόσυρση» and «αποχώρηση» in light of the contractual mechanism created by the relevant provisions and the legal consequences attached to it. It concluded that, in this particular contractual setting, “withdrawal” and “withdraw” were to be understood from the viewpoint of Greek law as «υπαναχώρηση» and «υπαναχωρώ». That reasoning is useful precisely because it is contextual. An English verb that appears straightforward at first sight may acquire a much narrower legal significance once it is placed inside a clause dealing with the exercise of a particular contractual right.

For counsel, this creates a clear risk-management issue. A translation can contain language that is perfectly intelligible and still create difficulty because the chosen terminology does not sit coherently with the legal mechanism expressed elsewhere in the contract. The problem becomes more serious where several translations have been commissioned at different times and the terminology has drifted. Once the dispute reaches court, those choices become part of the documentary history of the case.

Terminology drift

Cross-border disputes rarely arrive fully formed. They develop over time[2]. An agreement may be translated when advice is first sought. Correspondence may be translated months later. An extrajudicial notice may be prepared during an escalation of the dispute. Pleadings, exhibits and witness material may follow. Appeals and cassation proceedings can generate further translation requirements. The same underlying contractual concepts may therefore reappear in documents produced years apart.

That makes translation consistency a case-management issue. The important question is whether recurring concepts have been treated coherently across the file. Counsel should know how a key term was translated in the agreement, whether the same terminology was used in subsequent correspondence, and whether a later translation introduces a different Greek expression for the same contractual mechanism. If a change is deliberate, it should be capable of explanation. If it has happened accidentally because a later document was translated without access to the earlier material, the file has acquired an avoidable vulnerability[3].

Judgment No. 221/2026 gives this point real substance. The court did not examine one translated sentence in isolation. It moved across the Framework Agreement, the Project Agreement, the parties’ respective translations and the December 2015 notice. Earlier terminology informed the analysis of the later declaration. The documents formed a chain. For lawyers managing a bilingual dispute, the translation process needs to reflect that same chain.

This has implications for the way instructions are given. A translator dealing with an operative notice may need the underlying agreement and its existing translation. A translator working on pleadings may need to see the terminology already adopted in the evidence. Where a concept is genuinely ambiguous, counsel may need to decide how that ambiguity should be handled before the translation is finalised. Those steps reduce the chance that terminology will develop independently across documents that will ultimately be read together.

The legal effect of a few words

The December 2015 notice brought these issues into focus. Its English text stated that the Spanish investor had decided to “terminate the … Contracts and withdraw from the Project”. The Court of Appeal considered that the wording raised a question about the juridical character of the declaration, because the two expressions potentially pointed towards different legal mechanisms.

The court then examined the consequences contemplated by the notice. Among other things, the Spanish investor proposed the transfer of its shares in the project company for a nominal price. That consequence corresponded with the contractual mechanism provided for in Article 5.2 of the Framework Agreement in connection with withdrawal. The court therefore characterised the declaration as an exercise of contractual υπαναχώρηση.

For a lawyer reviewing a translation, this is an important point of method. Operative language has to be read through the legal function of the document. A notice may be exercising a right, triggering a contractual consequence or attempting to bring a legal relationship to an end. A translation choice affecting the characterisation of that act deserves a different level of scrutiny from a purely descriptive passage in the factual record.

That distinction is easy to miss where the disputed English word appears ordinary and is not a term of art. “Withdraw” is common language. In this case, it was connected with a contractual right carrying defined conditions and consequences. A translator who treats the word as an isolated lexical problem may produce a fluent version while missing the legal architecture around it. Counsel then inherits that decision when the document is relied upon in proceedings.

The judgment provides another example in the word “feasibility”. Article 3.5 of the Project Agreement referred to the project’s “technical and financial feasibility”. One translation rendered the term as «βιωσιμότητα». The Court of Appeal considered «σκοπιμότητα» the appropriate rendering in the context of the provision.

The point is useful because “feasibility” does not immediately look like a difficult legal term. Within Article 3.5, however, it formed part of the condition governing whether the investor could exercise its right to withdraw from the project. Its importance came from the work it was doing in the clause.

Commercial contracts contain many expressions of this kind. “Material”, “reasonable”, “completion”, “default”, “acceptance”, “notice”, “cause” and similar words can acquire considerable significance through their contractual function. Their translation requires attention to the surrounding rights, obligations and consequences. The presence of familiar vocabulary should not encourage a lighter review where the clause itself performs important legal work.

For counsel, the practical implication is straightforward. Review effort should follow legal significance. A term embedded in a provision governing termination, withdrawal, liability, payment, default or another important contractual mechanism deserves close attention even if the English itself appears routine.

The risk often lies in the relationship between the word and the clause, not in the word viewed on its own.

AI does not remove the need for file-level verification

The same issue arises when machine translation or generative AI is incorporated into the workflow. Glossaries and terminology instructions can improve consistency across large volumes of material. They are useful tools, particularly where a case contains recurring technical or contractual language. Their effectiveness still needs to be verified against the documents that matter.

Generative systems produce language probabilistically. A preferred term may be supplied in a glossary and still appear differently in another passage. The system may preserve the chosen word while misunderstanding the legal relationship expressed by the clause. Large-scale use therefore creates a practical review question for counsel: have the legally significant occurrences actually been checked against the agreement and against the terminology already used elsewhere in the file?

That question becomes particularly important where translation work is divided across several stages of a dispute. An AI-assisted translation of a new notice may be linguistically polished and internally coherent while departing from terminology established years earlier in the contract. Without a case-level review, the divergence may remain invisible until the documents are placed side by side in proceedings.

Translation risk

Judgment No. 221/2026 does not support the claim that the Spanish investor lost because of a bad translation. After the December notice had been characterised as an exercise of υπαναχώρηση, the courts still had to determine whether the contractual conditions for exercising that right had been met. Article 3.5 allowed withdrawal where the project’s technical or financial feasibility had proved insufficient under the relevant conditions. The Court of Appeal found that the notice did not specify whether the alleged inadequacy was technical, economic or both, and did not identify the supporting data. The attempted exercise of the right therefore failed on substantive grounds. The Supreme Court rejected the cassation challenge to that conclusion.

The translation issue nevertheless mattered because it formed part of the route by which the legal act was characterised. That is a realistic model of translation risk in contentious work. The danger is often cumulative. An inconsistent term, an unexamined synonym, a later document translated without reference to the underlying agreement, or an ordinary commercial word carrying an important contractual threshold can create an additional point requiring submissions and judicial analysis.

Cross-border litigation already contains enough genuine uncertainty. Translation should be managed so that it does not introduce further avoidable ambiguity into the record. Judgment No. 221/2026 shows how easily terminology can become part of the forensic material once a dispute turns on the legal effect of the documents themselves. For Greek lawyers working with English-language contracts, the case offers a practical reason to treat translated terminology as part of the case strategy from the outset, with the same attention to consistency, context and legal consequence that is applied to the original documents.

#GreekLaw #LegalTranslation #ContractualDisputes

[1] https://shorturl.at/f0m4s. The judgment is in Greek.

[2] Scott, J., O’Shea, J. How Legal Documents Translated Outside Institutions Affect Lives, Businesses and the Economy. Int J Semiot Law 34, 1331–1373 (2021). https://doi.org/10.1007/s11196-020-09815-5

[3] Scott, J. & O’Shea, J., ‘Legal Systems Exposed: Translation and Vulnerabilities’ in Anne Wagner and Aleksandra Matulewska (eds), Research Handbook on Jurilinguistics (Edward Elgar Publishing 2023) 300 https://doi.org/10.4337/9781802207248.00029

When legal documents cross borders, the challenge is not simply one of language. Different jurisdictions organise legal concepts differently, use different procedural terminology and often have no exact equivalent for terms that appear straightforward on the page. For clients working between Greece, Cyprus and English-speaking jurisdictions, those differences can have real consequences.

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JurTrans works exclusively in the Greek-English legal and financial field, helping law firms, businesses, institutions and private clients use translated documents with confidence. The aim is not only to produce text that is linguistically accurate, but to ensure that it makes sense in its legal context and is appropriate for the purpose for which it will be used.

That requires judgement. A term that appears to have an obvious English equivalent may carry a different procedural or institutional meaning in Greek or Cypriot law. A literal rendering may be understandable but misleading. A phrase that is acceptable in one legal system may sound unnatural, imprecise or even suggest a different legal effect in another.

By combining linguistic expertise with detailed familiarity with Greek, Cypriot, UK and European legal terminology and practice, JurTrans helps clients avoid those problems. The result is clearer drafting, more reliable terminology and fewer ambiguities in documents intended for litigation, corporate transactions, contracts, regulatory matters and other situations where precision matters.

Experience also plays an important role. After almost three decades and tens of millions of translated words across legal and financial subject areas, recurring terminology, procedural distinctions and jurisdiction-specific conventions are familiar territory. That accumulated knowledge allows potential issues to be identified early and handled consistently.

The rise of generative AI has made instant translation easier than ever. It has also made it easier to produce text that sounds convincing while being subtly or plainly wrong. In legal work, fluency is not the same as accuracy. A polished sentence can still contain a false equivalence, omit an important distinction or introduce terminology that is inappropriate for the relevant jurisdiction.

For this reason, the human element remains central to the JurTrans approach. Technology is used where it genuinely improves consistency, efficiency and terminology management, but every text is subject to professional judgement and careful review. Clients also benefit from confidentiality, accountability and the ability to ask questions or resolve uncertainties with a specialist who understands both the source document and its legal setting.

Ultimately, good legal translation should reduce friction rather than create it. It should allow the reader to focus on the substance of the document without being distracted by awkward language, uncertain terminology or hidden ambiguity. That is the practical benefit JurTrans aims to provide: accurate, dependable legal communication across jurisdictions, with the expertise and scrutiny that high-stakes documents require.

 

In a world increasingly flooded with AI-generated content, have we forgotten how to read critically?

A thought-provoking piece I read recently entitled “Promptism and the Forgotten Art of Source Criticism in the Age of AI” raises exactly that point.

It made me think about legal translation.

And how what it says about source criticism applies so powerfully to what we do as legal translators.

You’ve probably seen it too.

Legal texts fed through AI tools that come out sounding smooth, plausible, grammatically correct.

But as we all know (or should know ) legal translation isn’t about sounding smooth.

It’s about being right and precise.

The article talks about the illusion of fluency; how something that reads well can still be deeply flawed.

And in legal settings, flawed translations mean flawed understanding.

And flawed understanding can lead to real-world consequences.

When working on legal texts, especially ones involving rights, obligations, or procedural safeguards, “close enough” is not close enough.

This is where source criticism (the habit of actually going back to check, verify, and compare with the authoritative original) becomes a professional duty.

Not just a nice-to-have.

If you’ve ever run an AI-generated translation through its paces, you’ll know it rarely holds up under scrutiny.

Subtle distinctions missed.

References mistranslated.

Wording altered in a way that changes legal effect.

It doesn’t matter how confident or elegant the output appears. If it isn’t anchored in legal reality, it’s unusable.

And more than unusable, it’s potentially harmful.

That’s why I keep championing the role of expert human translators.

Because we legal translators don’t just “translate”. We verify, interrogate, and challenge the text.

We bring legal knowledge to the task.

We bring linguistic precision.

We do the checking so our clients don’t have to.

The message of that Promptism article is clear: don’t lose the habit of critical reading.

Don’t stop questioning what you’re shown.

In legal translation, that habit can and does make all the difference.

If you need Greek to English legal translations that go beyond the surface and actually hold up in practice, get in touch with us at #Jurtrans. Because close enough simply isn’t good enough.

 

ensuring accuracy in legal translation - critical reading: evaluating text for flaws / source verification: checking against original sources / legal knowledge application - applying legal expertise / linguistic precision - ensuring accurate wording. Jurtrans - Greek-English legal translations

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νομική μετάφραση

Can you base a legal argument on something you can’t fully understand?

Can you rely on something you know may be inaccurate? Can a court decide a case not fully understanding the evidence or knowing it may be inaccurate?

That’s the quiet conundrum courts are beginning to face with machine translation.

As legal systems increasingly encounter foreign-language evidence, and as machine translation tools creep into everyday use, we’re starting to see these tools referenced in English judgments. The attitudes of the courts are revealing, and at times, contradictory.

I reviewed recent case law* and one overarching pattern emerges: courts are pragmatic. They’ll accept a machine translation when nothing else is available. But they are also cautious, sometimes sceptical, yet rarely confident in what the technology produces.

In Apparel Fzco v Iqbal, Armeniakou v Thomson, and Eli Lilly v Genentech, the courts accepted machine-translated documents without much critique. These cases read as if the translation simply passed under the radar. A quiet admission into evidence without comment or concern. Not an endorsement, but certainly not a red flag either.

Contrast that with Joyvio Group v Quiroga Moreno and Abbott v Dexcom. Here, the courts acknowledged that MT has some utility but were careful to limit how much weight they gave it. Machine translation might help orient the reader. But when it comes to deciding rights, obligations, or liabilities, it’s background noise. Certainly not the main soundtrack.

And then there are cases like Secretary of State v LJ Fairburn & Son Ltd and El-Tawil v Comptroller General of Patents, where the courts do raise eyebrows.

“Somewhat erratic”

“Odd English”

“Not easy to follow”

“Doubtful translation

These aren’t throwaway remarks.

They are judicial shorthand for “this isn’t reliable”, yet the judgments often stop there.

The concern is voiced, the translation doubted, but rarely interrogated in depth.

What emerges is a telling judicial inconsistency. Some judges treat MT as good enough. Others barely trust it to parse a sentence. And across the board, there is little examination of how translations are produced, who produces them, and how meaning might shift in the process.

This mirrors the findings Juliette Scott and I outlined in “Translation in Libel Cases: Reputations at Stake!”**.

Judicial approaches to translation vary not just across jurisdictions, but within them. Some courts scrutinise every nuance. Others assume equivalence where none exists.

The role of the translator is often invisible. The status of machine-generated text, undefined.

That matters.

Because legal texts are not just linguistic artefacts. They carry implications; they have legal effects. Meaning isn’t surface-level.

Machine systems don’t understand legal context. They don’t parse ambiguity. They don’t recognise subtext or intent.

They pattern-match.

And when the outcome of a case hinges on meaning, that’s not enough.

If judges are flagging the limitations of MT, lawyers should take note.

So what does this mean for legal practice?

Don’t walk into court with a rough idea of what the document says. Don’t submit a translation just because it’s fast, or free. Don’t assume the judge will catch and correct an error in a language they don’t speak.

Because in law, words aren’t just words. They’re tools. And sometimes, they’re weapons.

I think the overall message that emerges from these cases can be summarised as machine translation is merely a tool that is sometimes useful.

It might help orient the reader. It might support a rough understanding. But for anything beyond that, particularly where legal rights hang in the balance, it is no substitute for a trained legal translator.

Or to put it more bluntly: if your client’s liberty, liability, or livelihood is on the line, do you really want the judge in your case relying on a “somewhat erratic” translation?

No one reads a legal document as closely as a legal translator. Machines don’t come close.

If you’re litigating cross-border matters, or dealing with foreign judgments, pleadings, or scientific evidence, don’t settle for a “rough idea.” Insist on a version that is clear, legally accurate, and fit for purpose. Get the right translation. Get the right translator.

If you need a legal document in the Greek< >English combination feel free to reach out to us at JURTRANS TRANSLATIONS LTD.

#LegalTranslation #MachineTranslation #AccessToJustice #RuleOfLaw

*To identify the case I used “machine translation” as a search term in an online database of English case law.

** https://pressto.amu.edu.pl/index.php/cl/article/download/31723/29787/73271

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