Interpreting Challenges in Commercial Litigation & Arbitration
By Ms. Lachesis Olegario Braick, Legal Interpreter in Commercial Disputes & Arbitration
Interpreting in commercial litigation and arbitration requires a distinct skill set, one shaped by legal complexity, international contexts, and a highly technical courtroom environment. It’s a role that blends linguistic precision with legal fluency and a deep understanding of professional cross-border courtroom dynamics.
This post outlines how I approach interpreting in this field, what makes it unique, and how interpreters contribute to the smooth and fair resolution of complex international disputes.
The Nature of Communication: Expert to Expert
In commercial litigation, communication takes place almost entirely between professionals: lawyers, judges, expert witnesses, and corporate representatives. The interpreter’s role is to ensure this exchange is seamless, accurate, and legally precise across languages. This is different from what we usually encounter in UK court interpreting with family, criminal, and immigration cases, where the focus of communication is on the vulnerable lay individual.
The terminology is often technical. Arguments are built on legal nuance. There is no room simplifying or using close-enough terms. The job is to carry legal meaning and maintain the register across accurately and in real time, in two languages.
Even when working with witnesses (likely specialists and often legally qualified), the level of detail and formality expected remains high, especially in cross-examination as every word may be dissected in ways legal professionals won't in other fields.
Preparation is Integral to the Role
Before a hearing, I typically receive hundreds of pages of bilingual documentation, including:
Particulars of claims
Foreign statutes
Expert reports
Internacional case law
Agreed glossaries of legal terms
Preparation involves more than familiarisation with vocabulary. It’s about understanding the legal and commercial context, anticipating argument structure, and identifying the various concepts that don’t map cleanly across jurisdictions.
Interpreters in this setting prepare like practitioners. We are often briefed in advance, align with counsel over agreed terms, and review glossaries created specifically for the matter at hand.
The Role of Foreign Law
Commercial cases requiring interpreters will invariably involve foreign law, not just as background, but as a central component of the dispute. Interpreting in this space often means navigating between two or more legal systems, each with its own logic, terminology, and procedural norms.
I regularly encounter issues related to:
Jurisdiction
Statutory interpretation
The statute of limitations (before this job I never thought it was so controversial)
Specific statutes (i.e., The Brazilian Corporate Law)
Contractual frameworks.
Precedents (binding and persuasive)
In such cases, legal precision becomes critical. It's also where the value of an agreed bilingual glossary becomes clear: consistency, accuracy, and mutual understanding depend on it.
A Tech-Driven Environment
Commercial courts and arbitration settings often involve:
Simultaneous interpretation booths
Live transcription provided by stenographers
Electronic bundles
Real-time bilingual document references
Working effectively means being comfortable with this infrastructure and having systems in place to manage the pace, support the stenographer, and stay aligned with the co-interpreter, aka booth mate.
It’s also all about team effort. I often coordinate closely with a partner, prepare cue sheets or glossaries together, and remain engaged even when off-mic.
Navigating Feedback and Clarifications
In these cases, legal teams often include bilingual lawyers who are highly competent in English, which adds a layer of scrutiny but also invites collaboration. It's common (and expected) for interpreters to be asked for clarification, or to correct terminology mid-proceeding.
This isn’t a reflection of error. It’s part of the dialogue that surrounds high-level multilingual proceedings. It requires professionalism, calm, and a shared commitment to accuracy.
Consecutive and Simultaneous Modes
Depending on the setup, either simultaneous or consecutive interpreting will be used. Each presents its own demands to interpreters:
Simultaneous:
Fast-paced, with little margin for hesitation,
Requires fast-thinking,
Interruptions may be necessary to manage overlapping speech or excessive speaking and/or reading speed.
Consecutive:
Being in the spotlight,
Interpretation may be subject to direct on-the-spot feedback
There may be a need for interrupting speaker if turns are took long
My Approach: Professional Practice for Complex Legal Work
I view this work as a professional practice, not just a performance. That includes:
Extensive pre-hearing study,
Familiarity with legal documents and procedural background,
Clear communication with counsel and court staff
Respect for agreed glossaries and terminological consistency
Support for colleagues, stenographers, and the broader legal team
Tips for Terps:
Don’t just prep: stalk (professionally, of course!)
If the expert has a YouTube channel, podcast, or public talks online, watch them. Study their word choice, tone, rhythm, and speed. Do they speak fast? Use lots of jargon? Love a good metaphor? Are they a fan of Latin expressions? Getting familiar with their style ahead of time helps you anticipate, adapt, and absolutely nail the delivery when you're interpreting live.
Some experts have a big online footprint, so use it to your advantage! There is nothing worse than being thrown off by an expert who throws about their favourite expressions, e.g., "nemo auditur propriam turpitudinem allegan", or "transporte in utilibus".
Study time
When study materials are provided, focus not just on vocabulary but on understanding the legal narrative and the issues at play. Identifying the cases that will be cited in arguments and why they’re relevant is more valuable than memorising terms in isolation.
Foreign words
I jot down foreign proper nouns ahead of time. English pronunciations can be misleading, throw one off, and cause confusion during live interpretation.
Speed Management
You can ask counsel to slow down, but realistically, change may be minimal. They're often racing against the clock. Be prepared to manage their pace with strategic focus.
Supporting the Stenographer
If the stenographer doesn’t speak your language, unfamiliar terms or names can cause challenges. Offer help during breaks. It's a small gesture that makes a big difference for them and for you, as you will be accessing their live transcription.
Teamwork Matters
When off-mic, stay engaged. Support your colleague with terminology, figures, or signals when fatigue sets in. It's a team effort, even in silence.
Logistics Reminder
Make sure the electronic bundle and live transcription feed are available at your station or booth. Each interpreter should get their own electronic bundle tablet as the font is often really small. I often double-check with the client (by sending a follow-up email a few days before the hearing) to avoid last-minute surprises.
Fees and Scope
Your fee should reflect both the complexity and risk of the assignment. If you're given substantial materials to prepare, a study fee is justified. Clients expect high performance, so make sure your terms match that expectation.
Agreed Glossaries
By all means do create and use your own support materials (make sure they cater for the UK's legal system). However, if the team has created a bilingual glossary, use it, even if you prefer a slightly better alternative term. These glossaries are often shared with counsel and the judge, and consistency is crucial for everyone’s understanding.
Linguistic Confidence
Accuracy in your second language is non-negotiable. Keep honing your skills to ensure clarity and control under pressure..
Where relevant, charge a preparation fee that reflects the complexity and time required, just as any professional would for a specialist engagement.
Final Thoughts
Interpreting in commercial litigation and arbitration is demanding, collaborative, and high-stakes. It requires more than fluency, as it requires subject-matter understanding, calmness under pressure, and the ability to contribute to a multilingual legal process with clarity and integrity.
As interpreters, we don’t just carry words. We carry meaning, argument, and legal intent. Done well, our work enables justice to be delivered fairly, even when the parties speak different languages and come from utterly dissimilar cultural backgrounds.