国际商务合同的词汇特点及翻译（1）
1. 特殊词汇的首字母大写
合同当事人：包括 the Sellers, the Buyers, the Licensee, the Licensor, the Supplier, the Purchaser, the Borrower等。
例1：The undersigned Sellers and Buyers have agreed to close the following transaction according to the terms and conditions stipulated below.
合同关键词：例如Agreement，Technical Information，the Exclusive Right，the Licensed Products，Licensed Patents，the Licensor’s Know-how，Interest Period，RMB，USD等。
机构组织和法律：例如：the Stockholm Chamber of Commerce, Technical Service Team, the Joint Venture Company, and the Bank of China , Beijing Branch等。
“合同”、合同的“具体条款”、“附件”或者相关文件
例2：Either Party may transfer all or part of its registered capital contribution to the Company to any third party, provided that it first obtains the unanimous approval of the Board and the approval of the Approval Authority and complies with the provisions of this Article.
2. thereof, herein等古语词语的翻译
Hereafter, hereby, herein, hereof, hereto, herewith, hereunder, hereinafter
Thereafter, thereby, therein, thereinafter, thereof, thereto, thereunder
Whereof, whereas
例3：The titles to the Articles in this Agreement and in the said Exhibits are for convenience of reference only, not part of this Agreement, and shall not in any way affect the interpretation thereof.
例4：Whereas Party B has the right and agrees to grant Party A the rights to use, manufacture and sell the Contract Products of Patented Technology;
Whereas Party A desires to use the Patented Technology of Party B to manufacture and sell the Contract Products;
The Representatives authorized by the Parties to this Contract have, through friendly negotiation, agreed to enter into this Contract under the terms, conditions and provisions specified as follows:…
例5：“Temporary Works” means all temporary works of every kind (other than the Contractor’s Equipment) required in or about the execution and completion of the Works and the remedying of any defects therein.
3. 情态动词的用法和翻译
例6：双方首先应通过友好协商，解决因合同而发生的或与合同有关的争议。如果协商未果，合同中又无仲裁条款约定或争议发生后未就仲裁达成协议的，可将争议提交有管辖权的人民法院解决。
译文：The parties hereto shall, first of all, settle any dispute arising from or in connection with the contract through friendly negotiations. Should such negotiations fail, such dispute may be referred to the People's Court having jurisdiction on such dispute for settlement in the absence of any arbitration clause in the disputed contract or in default of agreement reached after such dispute occurs.
例7：The formation of this contract, its validity, interpretation, execution and settlement of the disputes shall be governed by related laws of the People’s Republic of China.
例8：The Buyers may, within 20 days after arrival of the goods at the destination, lodge a claim against the sellers for shortweight being supported by Inspection Certificate issued by a reputable public surveyor.
译文：货物抵达目的港20 天内，买方可以凭有信誉的公共检验员出示的检验证明向卖方提出短重索赔。
例9：Any amendments to this Contract, or to any of the appendices annexed hereto, shall come into force only after a written agreement providing for such amendments has been duly signed by Party A, Party B, Party C and Party D, and approved by the original examination and approval authority．
例10：The board meeting shall be convened and presided over by the Chairman. Should the chairman be absent, the vice-Chairman shall, in principle, convene and preside over the board meeting.
例11：任何单位和个人实施他人专利的，除本法第十四条规定的以外，都必须与专利权人订立书面实施许可合同，向专利权人支付专利使用费。… 专利权的所有权单位或者持有单位应当对职务发明创造的发明人或者设计人给予奖励。
译文：Except as provided for in Article 14, any entity or individual exploiting the patent of another must conclude a written licensing contract with the patentee and pay the patentee a fee for the exploitation of its or his patent. … The entity owning or holding the patent right on a job-related invention-creation shall reward the inventor or designer.
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