Arabic–English Contract Translation: 7 Errors That Change Meaning
By the Locstars Legal Translation Team · Updated 30 September 2026
When a dispute reaches a court or tribunal, the analysis starts with the words on the page. In a bilingual contract there are two sets of words, and every gap between them is a place where one party can argue the deal was something else. A single misplaced modal verb can turn an obligation into an option; a loosely rendered defined term can move risk from one party to the other.
These are the seven errors we see most often when contracts move between English and Arabic, and what in-house legal teams can do to keep both versions saying the same thing.
1. Treating every “shall” as an obligation
In well-drafted English contracts, “shall” imposes a duty on a party and “may” grants discretion. But “shall” is also used for jobs it was never meant to do: definitions (“‘Territory’ shall mean…”), deeming provisions (“shall be deemed delivered”), governing-law statements (“shall be governed by”) and conditions. Rendering all of these with the same Arabic verb creates duties that do not exist. Arabic offers a precise set of forms, and each should be matched to function, not to the English word:
| Function | English | Arabic |
|---|---|---|
| Obligation | The Supplier shall deliver… | يلتزم المورّد بتسليم… / يتعيّن على المورّد… |
| Discretion | The Buyer may terminate… | يجوز للمشتري إنهاء… |
| Prohibition | The Supplier shall not assign… | لا يجوز للمورّد التنازل عن… |
| Definition | “Services” shall mean… | يُقصد بـ«الخدمات»… |
| Deeming | Notice shall be deemed received… | يُعدّ الإخطار مُستلَمًا… |
| Governing law | This Agreement shall be governed by… | يخضع هذا العقد لـ… |
Two further traps: “shall” rendered with the future marker سوف, which reads as a prediction rather than a duty, and “is not required to” collapsed into “may not”, which turns a freedom into a ban.
2. Defined terms that drift
If the contract defines “Services” in clause 1, the same Arabic term must appear every time the defined term is used, and only then. Arabic has no capital letters, so the signal that a word is defined has to come from consistent quotation marks or formatting and from never swapping in a synonym. The reverse error matters too: if the ordinary word “services” is rendered with the defined term, the scope of the contract quietly expands. A term glossary built at the start of the project, and kept for all of a company’s contracts, is the most reliable control.
3. Common-law concepts with no direct counterpart
Some English terms carry legal meaning that the civil-law systems of Egypt and most of the Gulf do not share in the same form.
- Consideration. Common-law contract formation requires consideration; civil codes in the region look instead to the object and the cause (السبب) of the obligation. In practice, most occurrences of “consideration” in a commercial contract simply mean the price or payment (المقابل), and the recital “in consideration of the mutual covenants” is best rendered by its function, not word for word.
- Indemnify and hold harmless. “Indemnify” is broader than paying compensation (تعويض). The Arabic must preserve who bears which loss, including third-party claims, rather than reducing the clause to a general damages provision.
- Best, all reasonable and reasonable endeavours (or “efforts”). Under English law these are generally read as a sliding scale, with best endeavours the most onerous; courts elsewhere, including in the United States, have not always drawn the lines the same way. A contract that uses more than one level must keep them distinct in Arabic (for example, best endeavours: بذل أقصى الجهود; all reasonable endeavours: بذل جميع الجهود المعقولة; reasonable endeavours: بذل الجهود المعقولة) and apply each rendering consistently. Civil-law readers will also relate these clauses to the distinction between an obligation of means (التزام ببذل عناية) and an obligation of result (التزام بتحقيق نتيجة).
The translator’s job is to render these faithfully and flag where a concept may not operate the same way under the governing law. Whether a clause needs redrafting is a question for your counsel.
4. Numbers, dates and amounts
Figures written in words that do not match the numerals, a 03/04 date read as 3 April in one version and 4 March in the other, a comma misread as a decimal separator: small on the page, expensive in practice. For example, “USD 1,250,000 (one million two hundred and fifty thousand US dollars)” must match both the Arabic figure and the Arabic amount in words exactly. Points to check in any Arabic version:
- Calendar. Where Hijri dates are used, as is still common in some Saudi documents, state which calendar governs. A Hijri year is roughly eleven days shorter than a Gregorian one, which matters for periods measured in months or years.
- Numerals and separators. Eastern Arabic and Western numerals are both used, but the decimal and thousands separators must be unambiguous.
- Periods. “Days”, “business days” and “calendar days” are different obligations; so are “within”, “from” and “after”.
- Currency. Name the currency explicitly, ideally with its ISO code, wherever an amount appears.
5. Long sentences and cross-references
English contract sentences often run to a hundred words, stacked with “provided that”, “subject to”, “notwithstanding” and “without prejudice to”. Each has a precise Arabic counterpart: “provided that” (على أن or بشرط أن), “subject to” (مع مراعاة), “notwithstanding” (بصرف النظر عن) and “without prejudice to” (مع عدم الإخلال بـ). Confusing “subject to” with “notwithstanding” reverses which clause prevails. When a long sentence is restructured for Arabic readability, references such as “the foregoing” or “pursuant to clause 7.2” must still point to the same text.
6. Numbering and layout in bilingual contracts
Each Arabic clause should carry the same number as its English counterpart, including sub-clauses, schedules and annexes, with a consistent mapping for lettered items, for example (a) → (أ), (b) → (ب), (c) → (ج). Side-by-side layouts must keep the columns aligned so that a reader, or a judge, can compare them line by line.
7. Leaving the language clause until the end
If the contract exists in two languages, which one prevails in case of conflict? That is a decision for your counsel, and it is best raised with them before translation starts, not after.
A prevailing-language clause is also not the whole picture. Onshore courts and authorities across the region generally work in Arabic: the UAE’s Civil Procedure Law, for instance, provides that the language of the courts is Arabic, and Saudi Arabia’s National Arabic Language Policy requires Arabic in dealings with government bodies. Where a dispute or filing reaches those forums, an Arabic text will be read whatever the clause says. A considered Arabic version prepared at the outset is usually a better position than a translation produced under time pressure later. Your counsel can advise how this applies to your contract and jurisdiction.
How we work on contracts
Your contracts are translated by specialist legal translators who are native speakers of the target language, using a term glossary that stays consistent across your company’s agreements. Editing and proofreading by a second linguist is available as a separate, optional step. We work under your company’s own NDA and send a quote within one business day. See our legal translation services or request a quote.
This article covers translation and terminology. It is not legal advice; your counsel decides drafting, governing law and governing language.
About the author: The Locstars Legal Translation Team translates contracts, agreements and corporate documents between Arabic and 10 languages for companies and law firms. Translators are native speakers of the target language with legal subject specialization, and editing and proofreading by a second linguist is available as a separate service.
