One point about the use of "Shall".

An excerpt from an email I sent to the chief translator, who rejected my deliberate erasion of "shall" in the phrase "shall become effective" in an Agreement she polished.

The reason I adopted "** become effective on..." instead of "shall become" is that "shall" is used for mainly two purposes, (1) an obligation; and (2) future sense. Generally in legal documents, "shall" is abused. In many documents we deal with every day, "shall" is taken as a panacea to be employed anywhere where a word is used.

The date when the agreement becomes effective or binding is a fact or an stipulation between the parties not an obligation. Actually it is impossible to hold an agreement liable for 'not becoming effective' at all. A descriptive "be" in its correct form is sufficient.

We may find similar cases as follows:

"This Agreement shall be made in ** copies. "

"This Agreement shall be executed on..."

"It shall be agreed that ..."

"...the English version shall prevail."

However, a better solution could be:

"This Agreement is made in ** copies. "

"This Agreement is/was executed on..."

"** parties agree that ..." (active voice)

"...the English version prevails."