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15 Legal Terms Machine Translation Gets Wrong (EN–AR)

15 Legal Terms Machine Translation Gets Wrong (EN–AR)

The Short Answer

Machine translation is fluent, which makes its legal errors hard to spot. The most dangerous mistakes are not spelling errors but terms of art: words that look ordinary but carry a specific legal meaning, such as shall, prescription, liquidated damages or without prejudice. The UAE has a civil-law system, so many English common-law concepts have no word-for-word Arabic equivalent and must be rendered by the concept that UAE law actually uses.

Below are 15 terms we regularly see mistranslated in contracts, powers of attorney and court papers, with the Arabic a legal translator would use. For why raw AI output is not accepted by UAE authorities in the first place, see human vs AI legal translation.

Obligation Words: Shall, May, Must

EnglishCommon machine errorLegal ArabicWhy it matters
shallسوف (future tense)يلتزم / يجب على“Shall” creates an obligation, not a prediction. Rendering it as future tense turns a duty into a statement of intent.
mayربما (perhaps)يجوز / يحق لـ“May” grants a right or discretion. “Perhaps” makes the clause meaningless.
shall notلن (will not)لا يجوز / يُحظر علىA prohibition, not a forecast. Dropping the negation entirely is a known AI failure.

Remedies and Liability

EnglishCommon machine errorLegal ArabicWhy it matters
liquidated damagesأضرار مُسيَّلة (literal “liquefied damages”)التعويض الاتفاقي / الشرط الجزائيUnder Article 390 of the UAE Civil Transactions Law, the judge may adjust agreed compensation to equal the actual loss, so the concept must match UAE law.
indemnify / hold harmlessيُبرئ (release)يلتزم بتعويض … عنAn indemnity is an obligation to compensate. “Release” reverses who owes what.
joint and severalمشترك ومنفصلبالتضامن (والتكافل)Each party is liable for the whole debt. “Joint and separate” suggests the opposite.
best endeavours / reasonable endeavoursأفضل المساعيبذل أقصى عناية / بذل العناية المعقولةUAE law distinguishes an obligation to use care from an obligation to achieve a result; the wording decides which applies.

False Friends

EnglishCommon machine errorLegal ArabicWhy it matters
prescriptionوصفة طبية (medical prescription)التقادم / مرور الزمانIn law it means the limitation period, a deadline after which a claim cannot be heard.
executed (a contract)نُفِّذ (carried out)وُقِّع / حُرِّر“Executed on 1 May” means signed on 1 May, not performed. The difference can change when obligations start.
considerationاعتبار / مراعاةالمقابل / العِوَضA common-law concept for what each party gives; it is not “consideration” in the sense of thoughtfulness.
instrumentأداة / آلةمحرَّر / صكA legal document, not a tool.
without prejudiceبدون تحيّزدون الإخلال بـ … (in a clause)In a clause it preserves other rights. On settlement correspondence it is a common-law privilege label that needs a careful explanatory rendering, not “without bias”.

Ending and Transferring Contracts

EnglishCommon machine errorLegal ArabicWhy it matters
termination vs rescissionboth as إلغاءإنهاء vs فسخTermination ends the contract for the future; rescission (فسخ) can unwind it with effect from the start. Mixing them changes refund and damages rights.
assignment vs novationboth as نقلحوالة الحق / التنازل vs تجديد الالتزامAssignment transfers rights; novation replaces a party or obligation and needs everyone’s consent.
governing law vs jurisdictionboth as القانون الحاكمالقانون الواجب التطبيق vs الاختصاص القضائيOne decides which law applies, the other which court or tribunal hears the dispute.

How to Avoid These Errors

Three habits prevent most problems before they reach a court or notary:

  • Use a legal translator for anything binding. Contracts, powers of attorney, court papers and corporate resolutions need a translator who knows both legal systems. See contract translation in the UAE.
  • Agree a bilingual glossary for repeat contracts so the same English term always maps to the same Arabic term.
  • Decide which language prevails and say so in the contract, then make sure both versions match.

    If your file is confidential, read AI translation tools and document confidentiality before using any online tool.

Frequently Asked Questions

Is machine translation ever acceptable for legal documents?

For getting the gist of a non-confidential document, yes. For anything submitted to a UAE court, notary, ministry or bank, you need a certified translation by an MOJ-licensed translator.

Which language prevails in a bilingual UAE contract?

Whichever the contract says. If the matter goes to an onshore UAE court, the Arabic text is what the court works from, so it must be accurate.

Can you review an existing translation instead of starting again?

Yes. We can review a translation against the source and either certify a corrected version or advise where it departs from the original.

How much does contract translation cost?

From AED 80 per 200-word page for Arabic and English, AED 100 for French, AED 150 for German, Italian or Turkish, and AED 250 for other languages such as Chinese, Russian or Urdu (all excl. 5% VAT). Urgent work is priced on request, and large files receive discounts.

Disclaimer

This glossary is general information about legal translation and is not legal advice. The correct rendering of a term always depends on its context in the document.

Get Your Contract Translated Correctly

Send your contract and tell us where it will be used, and we will confirm the price and delivery time. Smart World Legal Translation is led by Dr. Hani Elimam (MOJ-licensed translator, AIIC member), has translated legal documents since 2014 and is rated 4.8/5 on Google. Send your documents on WhatsApp (+971 54 360 8305), email info@swlt.ae, or use our contact page.

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