Two German states have drafted a bill to adopt English as the official second language of Germany's court system.

North Rhine-Westphalia and Hamburg are proposing that special chambers be provided for hearings in English, where both parties agree.

The provision is already in effect in North Rhine-Westphalia, but many would like to see the measures taken up nationwide.

The official language of German courts is German, though there are limited opportunities for witnesses and evidence to be heard in English. The new bill would allow the entire legal process, including briefs and judgments, to be in English.

Proponents say the move would reflect the reality of present-day international business, which is conducted primarily in English. Contracts are drawn up in English, and litigation therefore takes place before English-speaking courts outside Germany. Those in favour of the new bill say that this is a loss to the German court system, and it should therefore adapt by allowing English.

Critics, however, have argued that justice cannot be served unless understanding is as clear as possible, which they say means hearings should be conducted in the judge's native language – German.

"While non-German parties should not be excluded due to language difficulties, oral arguments and briefings take place not for the benefit of non-German parties, but in order to convince the German judge," wrote Miriam Lichstein and Oliver Seyd of international law firm Clifford Chance. "In the German courts, German lawyers present their cases based on German law. This scenario does not benefit from the use of the English language."

The bill is currently being considered by legislators.

11 April 2010