EXCLUSION CLAUSE IN A LANGUAGE OTHER THAN ENGLISH

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QUERY

Dear Mr. Nguyen Huu Duc,

I am Mai Lan from Int'l Trade Finance Dept. in Military Commercial JS Bank, Vietnam. Your wide knowledge in Int'l Trade Finance Area is really appreciated . Would you pls help me in the following case:

Our LC states:
Field 46A: Ins. Pol. in negotiable form, blank endorsed for 110pct of CIF Inv. value covering all risks, showing claim payble in Hanoi, Vietnam by a named claims or settling Ins. agent located therein (with details of full name, address, tel and fax of this agent) in the currency of Inv., exclusion clause not allowed.
Field 47A: All required dox must be in English.

The Ins. Dox presented as the attach file. In the field Condition of this Ins. Pol., there is a condition written in Vietnamese "Loại trừ tổn thất gây ra bởi container không đúng quy chuẩn kỹ thuật", which means "Excluding the loss cause by Container not as per technical standard".
In my opinion, this is an exclusion clause. However, the fact that it was express in Vietnamese cause us 2 ways of citing discrepancy:
Some people cite it as: "Ins. Pol. showing exclusion clause"
Others cite it as: "Ins. Pol. show one condition not in English"

Would you pls give us your opinion on this issue? Which discrepancy is the correct one?

Thank you and best regards,

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COMMENT

Hi,

Why don’t you cite both in combination, e.g., Insurance Policy containing an exclusion clause in Vietnamese?

Best regards,
Mr. Old Man