Glossary entry

français term or phrase:

déclarent s’en reporter à la sentence rendue

anglais translation:

shall comply by the ruling

Added to glossary by MatthewLaSon
May 25, 2006 23:42
18 yrs ago
1 viewer *
français term

déclarent s’en reporter à la sentence rendue

français vers anglais Droit / Brevets Assurances
"En cas de litige portent sur l’interprétation des clause du présent contrat ou sur son exécution, les parties contractantes ainsi que les personnes bénéficiaires déclarent s’en rapporter a la sentence rendue par deux arbitres choisis par chacune d’elles…"

Proposed translations

+1
6 heures
Selected

shall comply by the ruling

Hello,

In legalese, the future tense is preferred in this context. Also, "ruling" would be a contextually appropriate translation for "sentence rendue".

*S'en rapporter* means "to submit to" or "comply with" (literally, "to yield yourself to").

I don't find it necessary to translate "déclarent". If the parties comply to the ruling, it is clearly implied that they are declaring their submission to the ruling.

I hope this helps.

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Note added at 3 days2 hrs (2006-05-29 02:20:58 GMT)
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If I rely on a judgment rendered by XXXX, that means I have faith in it. I have confidance in the judgement rendered by the arbitrators. If I have faith in your judgment, does that not mean that I intend to comply to with it?

Example:

Two friends are arguing. A third party becomes involved to resolve the issue. The friends decide to rely on the decision to be made by the third party. If the two friends decide in advance to "s'en rapporter" au jugement rendu par le tiers, the two friends will comply by whatever judgment the third party makes. They are relying on his judgment, or thus complying with it.

In this context, it seems clear to me that "relying" means "complying". I'm not understanding your logic emekadavid.



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Note added at 3 days2 hrs (2006-05-29 02:29:47 GMT)
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Whatever the arbitrators decide is final. That's it! The parties will submit/comply/rely on that decision. Nothing more to be said. What is final is final. The involved parties will comply with their ruling/decision. They won't appeal it.

By the way, "ruling" can used oustide of a lawsuit to simply mean "decision".
Peer comment(s):

agree LAB2004 : ..and with the use of the future tense
1 heure
Thanks, LAB2005!
agree Gina W
19 heures
Thanks, gad!
disagree nnaemeka Odimegwu : s'en rapporter means to rely on. a dispute not a lawsuit. la sentence refers to verdict reached by the arbitrators chosen by them. settlement after court, maybe if a party does not accept an arbitrator he is considered as intending to make it a lawsuit
1 jour 9 heures
If they are "relying" on the verdict, they are in essence "complying by it." If I rely on someone's decision in a certain case, I will hold that decision to be valid, and thus comply by it. "Comply" implies "relying on".
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4 KudoZ points awarded for this answer. Comment: "Thanks :)"
+1
20 minutes

agree to abide by the decision made

common arbitration provision
Peer comment(s):

agree MatthewLaSon : This is similar to my translation. I'd use your translation as well.
3 jours 2 heures
Something went wrong...
7 heures

...agree to refer to the ruling made...

I believe that "s'en reporter" is not as categorical as "se soumettre", "to abide"...This perhaps, leaves open ground for further (for example strictly judicial) recourse..
Peer comment(s):

neutral nnaemeka Odimegwu : see my answer, yes, there is ground for judicial recourse
3 jours 8 heures
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1 jour 16 heures

are to state that they are relying on the verdict returned by

a. “a” conjugation of avoir is not but “à” a preposition taken from the context, evident also from the number of persons involved.
b.. “litige” refers to a dispute between the parties. La sentence is a verdict reached and not what one would have at first sight concluded it to be.
c. “s’en rapporter à” should have been in the future tense and not in the present infinitive taken from “en cas de” which points of something in the future. to rely on!


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Note added at 3 days15 hrs (2006-05-29 15:35:05 GMT)
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in reply to a message i received from an answerer i want to state that the contract does not emphasis imperativity but a lesser degree, rely on or i just some an answer, refer to, are appropriate verbs.
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