Onshore Energy Conference — Dubai Onshore Energy Conference — Dubai 02 | Page 30

The “reinstatement of the damage”, which is commonly translated into Arabic as “i’ada ila almansib alasli”, which means “returning to the original status” then, typically, it may be translated as “shart tamheedi” or “shart musbaq”. Again such terminology would not convey the correct English law meaning at all as “shart tamheedi” means introductory/preparatory/preliminary condition, while the use of “shart musbaq”, which would convey the notion of a “prior condition” or “precondition”, would not convey the imperative nature of a condition precedent. It would therefore be necessary to add an explanatory phrase along the lines of the “obligatory precondition”, to ensure the correct meaning is conveyed 30 in Arabic. However, this would not occur where a literal translation is prepared. Warranties The term warranty has a well understood meaning in the context of insurance law. In particular, a party providing a warranty effectively guarantees that certain facts or conditions are true and which, if untrue, will automatically discharge insurers from liability (in certain jurisdictions). However, the common literal translation of the word warranty into Arabic is “dhaman”, which