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election de domicile et de for

English translation: address for service and choice of forum

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:election de domicile et de for
English translation:address for service and choice of forum
Entered by: Diana Chemparathy
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03:37 May 2, 2008
French to English translations [PRO]
Law/Patents - Law: Contract(s)
French term or phrase: election de domicile et de for
In a lease contract, one heading says "election de domicile et de for" thanks.
Diana Chemparathy
United States
Local time: 23:22
address for service and choice of forum
Explanation:
is how it's usually done. In Britain, for 'choice of forum' one often just sees 'Jurisdiction' as an article heading. However, given how specific the French is here and the fact that 'Choice of Forum' is also used in Britain, I'd go with that.
Selected response from:

Attorney DC Bar
Local time: 08:22
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3address for service and choice of forumAttorney DC Bar
5elected domicile and choice of forumChristian Robitaille
5Chosen address for service and competent court(s) / place of jurisidction
Conor McAuley
4Election of domicile and place of jurisdiction
Gad Kohenov


Discussion entries: 1





  

Answers


33 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Election of domicile and place of jurisdiction


Explanation:
The GDT and Google.

Gad Kohenov
Israel
Local time: 09:22
Specializes in field
Native speaker of: Native in FrenchFrench, Native in HebrewHebrew
PRO pts in category: 29

Peer comments on this answer (and responses from the answerer)
agree  Etienne Muylle Wallace: exactly!
1 hr
  -> Merci beaucoup!

agree  swanda
4 hrs
  -> Merci beaucoup!

agree  Nina Iordache: Absolutely!
4 hrs
  -> Multumesc mult!

disagree  Wordwatcher: domicile is rarely a matter of choice...here the word means: address for service (of process)
7 hrs

disagree  AllegroTrans: "domicile" is where a person lives - the context here is where they want documents to be served, not necessarily at the same address
13 hrs

disagree  Bentcliff: "election of domicile" is devoid of any sense in English. The term is "address for service".
13 hrs

neutral  xxxAdrian MM.: The first part is too close to a domicile of choice in priv. internat. law = conflict of law.
1 day5 hrs
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1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
address for service and choice of forum


Explanation:
is how it's usually done. In Britain, for 'choice of forum' one often just sees 'Jurisdiction' as an article heading. However, given how specific the French is here and the fact that 'Choice of Forum' is also used in Britain, I'd go with that.

Example sentence(s):
  • Sophia Tang, “Choice of Forum Clause and Forum Non Conveniens”, PhD Student, University of. Birmingham, England.
  • Jurisdiction and choice of forum

    Reference: http://www.hartjournals.co.uk/catalogues/jpil_finalprog.pdf
    Reference: http://www.nadr.co.uk/links/links.php?category=52
Attorney DC Bar
Local time: 08:22
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 169

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: mush better (and correct English legalese) than "election of domicile" which is Franglish anyway
12 hrs
  -> tks

agree  Bentcliff: This is correct. However, if it's a heading, you can leave out the "choice of" and simply put "adress for service and forum"
12 hrs
  -> ok.

agree  xxxAdrian MM.: Americans seem to prefer 'venue' for the second part.//I'll assume from that you are American. If so, you or Black's might like to explain why US lawyers include a 'laying of venue' clause in run-of-the-mill contracts.
1 day4 hrs
  -> Not really. Different concept. See Aranbright v. Good, 116 P.2d 186: "Venue does not refer to jurisdiction at all." See "Venue" in Black's
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7 hrs   confidence: Answerer confidence 5/5
Chosen address for service and competent court(s) / place of jurisidction


Explanation:
http://grandictionnaire.com/btml/fra/r_motclef/index800_1.as...

Also:

Council of Europe Legal Dict.: for - court, jurisdiction

--------------------------------------------------
Note added at 7 hrs (2008-05-02 10:55:47 GMT)
--------------------------------------------------

Chosen addresses, plural, addresses of BOTH parties, usually

Conor McAuley
France
Local time: 08:22
Works in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 61
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2 days9 hrs   confidence: Answerer confidence 5/5
elected domicile and choice of forum


Explanation:
1- Élection de domicile / Elected domicile

"Élection de domicile. Choix d'un lieu où une partie sera réputée domiciliée pour l'exécution d'un contrat. (...) " (Cornu, Vocabulaire juridique).

Compare with:

"Elected domicile: A contractually agreed domicile between parties for purposes of the contract." (Black's Law Dictionary).

Both of the above definitions indicate that an elected domicile is deemed to exist as between the parties in the context of the contract. And domicile is a substantive concept which, in my view, may have more serious consequences than the mere fact that one has an "address for service" in the jurisdiction. I readily acknowledge that "address for service" is the boiler-plate clause in common law contracts, in which "election of domicile" clauses are rare at best. However, I believe we are dealing here with slightly differing legal customs, whose specificities should not be discounted too quickly. At least in so far as the Black's Law Dictionary defines "elected domicile", I would prefer it as a closer equivalent of "élection de domicile".

(Interestingly, the ECHR, in its decisions on cases originating from Italy, systematically translates "domicilio eletto" in English by "elected domicile", maybe out of recognition of the specificity of the civil law notion of "election of domicile" - e.g., search exact phrase: "elected domicile" at http://www.bailii.org/form/search_cases.html).

2- Élection de for / choice of forum

"Choice of forum" seems to be the most common expression.

That being said, other possibilities would be:

(a) "forum selection":

- "forum-selection clause. A contractual provision in which the parties establish the place (such as the country, state or type of court) for specified litigation between them." (Black's Law Dictionary);

- "A forum selection clause in a contract with a Conflict of Laws element allows the parties to agree that any litigation resulting from that contract will be initiated in a specific forum." (http://en.wikipedia.org/wiki/Forum_selection_clause).

(b) Choice of court:
In line with the recent Convention du 30 juin 2005 sur les contrats d'élection de for / Convention of 30 June 2005 on Choice of Court Agreements, of the Hague Conference on Private International Law (http://www.hcch.net/index_en.php?act=conventions.text&cid=98...

Christian Robitaille
Canada
Local time: 01:22
Specializes in field
Native speaker of: Native in FrenchFrench
PRO pts in category: 34

Peer comments on this answer (and responses from the answerer)
neutral  Wordwatcher: The choice of forum has all the repercussions associated with an elected domicile
1 day19 hrs
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Changes made by editors
May 7, 2008 - Changes made by Diana Chemparathy:
Edited KOG entry<a href="/profile/108667">Diana Chemparathy's</a> old entry - "election de domicile et de for" » "address for service and choice of forum"


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