If French is the language of love then English is the language of business. This mantra was underscored by the pioneering pilot project to allow German courts to hear commercial litigation cases in the English language (http://www.europeanlawyer.co.uk/page_77.html).

Traditionalists in Germany (not to mention countries such as France and Italy) may curl in horror at the thought of their beloved language being sidelined for English in their own courts but the project taps into the reality of the modern business and legal world. English is now vital in almost all serious international law firms. From the senior partners to the marketing team to the support staff, the ability to at least have a working knowledge of English is almost a pre-requisite.

Indeed, take any partner (even lawyer) in the top 100 European law firms. Few will not have a certain level of fluency in English. This is because multi-national businesses, which operate in multiple languages, resort to English as the default. To win these clients, especially the heavyweight Anglo-Saxon conglomerates and banks, no English may mean no instructions.

Likewise, many international contracts are often governed by US or English law. This is also true of the financings. As such, the German move is not really much of a shock. After all, English in also now the language of international arbitration. Top arbitrators from places likes France and Sweden adapted to this and, as a result, have maintained a strong standing in international arbitration rankings.

The initiative, however, may not spread. Many international law firms have not gone heavily into commercial litigation, which remains the preserve of the local law firms. It would seem unlikely that a country like Spain or Italy – with a strong showing of domestic firms – would ever want to take such a step. In addition, commercial litigation – such as in the German courts – is often domestic disputes. Neither Spain or Italy have professed a desire to become a hub for international litigation.

The German move does highlight the undoubted importance of the English language in international law. Despite the march of the international law firms, however, English has not totally consumed business discourse. If anything – as is the theory in Germany – it is not intended to replace other languages but serve as an alternative option. As has been show in the commercial sector the last decade, clients expect top law firms’ staff to speak fluent English and, in the modern business world, communication is crucial.