We are drafting a master services agreement and associated service agreements in both Japanese and English. The MSA will be translated into Japanese from the english draft by an English speaking Japanese lawyer. We are binding the jurisdiction to Hawaii. My question is do the service agreements need to also be translated to avoid a Non est factum style situation? Or under State of Hawaii law is it possible for a non-english speaker to sign an english only version and for it to still hold?
Generally what are the Non est factum litmus tests in the State of Hawaii when one is specifically addressing contracts written in non-native languages?