English to German legal translation. Bringing the contract back to Swiss law
An acquisition agreement drafted in English but governed by Swiss law. The German version, the one the authority will read, ties each clause to a concept of the Code of Obligations.
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Highlight an English term: CHnell shows the German term used in federal legislation, with its source.
powered by Neur.onIf the validity of the arbitration agreement, its content, its scope or the proper constitution of the arbitral tribunal is challenged before the arbitral tribunal, the tribunal shall decide on its own jurisdiction by way of an interim decision or in the final award on the merits.
Werden die Gültigkeit der Schiedsvereinbarung, ihr Inhalt, ihre Tragweite oder die richtige Konstituierung des Schiedsgerichts vor dem Schiedsgericht bestritten, so entscheidet dieses darüber mit Zwischenentscheid oder im Entscheid über die Hauptsache.
SR-272 ZPO-CPC-CPC-CPC - Source: fedlex.admin.ch - Data Set: Neur.onIf the party concerned does not comply with the measure ordered by the arbitral tribunal, the tribunal or a party may apply to the ordinary court for it to issue the necessary orders.
Unterzieht sich die betroffene Partei einer vom Schiedsgericht angeordneten Massnahme nicht freiwillig, so trifft das staatliche Gericht auf Antrag des Schiedsgerichts oder einer Partei die erforderlichen Anordnungen.
SR-272 ZPO-CPC-CPC-CPC - Source: fedlex.admin.ch - Data Set: Neur.onIf the parties settle their dispute in the course of the arbitral proceedings, the arbitral tribunal shall on request record the agreement in the form of an award.
Erledigen die Parteien während des Schiedsverfahrens die Streitsache, so hält das Schiedsgericht auf Antrag die Einigung in Form eines Schiedsspruches fest.
SR-272 ZPO-CPC-CPC-CPC - Source: fedlex.admin.ch - Data Set: Neur.onThe official equivalents, in all four languages
The concepts an English clause must find in Swiss law, with the article that governs them. The English column gives the Confederation's translation published on Fedlex where one exists, which has no legal force, and the usual wording otherwise.
| German | French | Italian | English | Reference |
|---|---|---|---|---|
| Schiedsgericht | tribunal arbitral | tribunale arbitrale | arbitral tribunal | art. 176 LDIP |
| Zuständigkeit | compétence | competenza | jurisdiction | titre 2 CPC |
| Konventionalstrafe | clause pénale | pena convenzionale | contractual penalty | art. 160 CO |
| Abtretung | cession de créance | cessione del credito | assignment of a claim | art. 164 CO |
| Verjährung | prescription | prescrizione | prescription | art. 127 CO |
| Solidarschuld | solidarité passive | debito solidale | joint and several liability | art. 143 CO |
Equivalents taken from official Swiss texts, published in German, French and Italian. In Corrext, each term opens in context in Fast lookup CHnell, with its source.
This language pair in practice
A contract drafted in English can perfectly well be governed by Swiss law: the parties choose the language, and the applicable law is a separate question. The German translation is then read by a counterparty, an authority or a Swiss court, and must use the concepts of the Code of Obligations.
Language and governing law
The language of the contract and the law that governs it are two separate choices. An English text governed by Swiss law is interpreted under the Code of Obligations, not according to common law practice.
What gets converted
liquidated damagesKonventionalstrafe
Contractual penalty
Under Swiss law, a liquidated damages clause is read as a Konventionalstrafe, subject to the rules of Article 160 CO, and the court may reduce an excessive penalty.
best efforts
Clauses without an equivalent
Indemnify and hold harmless, best efforts, representations and warranties: these formulas have no exact counterpart. They are rendered with the Swiss concepts of warranty, diligence and liability, not word for word.
IPRG
International arbitration
An arbitration clause with its seat in Switzerland falls under the chapter on international arbitration of the Federal Act on Private International Law (PILA), IPRG in German. The arbitral tribunal rules on its own jurisdiction (Art. 186 PILA).
ßss
Spelling and format
The German version follows Swiss conventions: ss and never ß, thousands written 15'000, amounts in Swiss francs. Dates and cross-references must stay aligned with the original.
What Corrext guarantees for this pair
Contract definitions
A common law contract opens with a long list of defined terms. Each defined term must receive a single German equivalent, used without variation throughout the document and its schedules. CHnell's terminology resources carry these choices from one schedule to the next.
Volume and schedules
Financial schedules, transfer schedules and lists of contracts often make up most of the pages. Corrext returns Word, Excel and PowerPoint files in their original format.
Confidentiality
English and German are among the four languages of Highly sensitive content mode: storage and processing in Switzerland only, with no reuse as translation memory.
Three contracts that arrive in English
M&A
A Swiss acquisition agreement
Representations and warranties, the indemnification clause and the financial thresholds are rendered with the concepts of the Code of Obligations. A Full review by a legal translator covers these clauses first, not the descriptive schedules.
Financing
A loan with a foreign lender
Security interests, the assignment of claims and the joint and several liability of borrowers are precise concepts in Swiss law. A loose term in the German version becomes uncertainty at the enforcement stage.
Legal department
A standard NDA in German
Once the German version is settled, it becomes the reference for every later contract. Approved terms appear in Fast lookup CHnell, with your own resources alongside the official sources.
Frequently asked questions about English to German translation
Is a contract in English valid under Swiss law?
Yes. The parties are free to choose the language of their contract, and Swiss law can apply to an English text. The difficulty is practical. Before an authority or a court in German-speaking Switzerland, the German version is what will be read. Common law concepts will have to be tied to the Code of Obligations in any case.
How do you render a clause with no Swiss equivalent?
By translating the intended effect with Swiss law concepts rather than the original wording. An indemnification clause is expressed in terms of liability and warranty; a liquidated damages clause becomes a contractual penalty clause. That choice is for the legal expert: machine translation prepares the text, and legal review decides.
Should defined terms stay in English?
That is common for deal-specific terms, provided the choice is consistent and flagged. Each defined term must be handled one way only, repeated identically in the schedules and amendments. Variations from one document to another are the main source of disputes over interpretation.
Can both versions be authoritative at the same time?
The parties can provide for it, but it is a weighty choice: every discrepancy between the two versions becomes a question of interpretation. A precedence clause, which states which version prevails, is simpler. Where both versions are authoritative, Double review & certified translation is the appropriate level of review.
Where is the contract processed?
On Swiss servers in every case. With LexMachina or in Highly sensitive content mode, processing also stays in Switzerland only, and the content feeds no memory. If a third-party engine hosted abroad is selected, the Attorney-Client privilege notice appears before sending.