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statuant en référé

English translation: appointed... in summary proceedings

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10:49 Nov 6, 2007
French to English translations [PRO]
Law/Patents - Law (general) / Groupement d'Intéret Economique
French term or phrase: statuant en référé
Si les arbitres ne peuvent s'entendre sur le contenu de la sentence, ils s'adjoindront un tiers arbitre chargé de les départager. Dans le cas ou ils ne pourraient se mettre d'accord sur ce choix, le tiers arbitre ser désigné par le Président du Tribunal du siege social, statuant en référé.

Does this mean "to give a ruling on this"?
liz askew
United Kingdom
Local time: 04:10
English translation:appointed... in summary proceedings
Explanation:
Answer given for UK in light of nationality of Asker. Sometimes "in expedited proceedings" and in some mid-Atlantic states in the US "in emergent proceedings".
Selected response from:

Attorney DC Bar
Local time: 05:10
Grading comment
Thank you!
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +3appointed... in summary proceedingsAttorney DC Bar
4in response to an application.Wordwatcher
4 -1giving a ruling as referee
AllegroTrans
2 +1ruling in interlocutory proceedingshirselina
3 -1making a court rulingCharles Hawtrey


  

Answers


9 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): -1
making a court ruling


Explanation:
Harrap's definition (not this precise phrase, unfortunately).

Charles Hawtrey
Local time: 04:10
Native speaker of: Native in EnglishEnglish

Peer comments on this answer (and responses from the answerer)
disagree  Attorney DC Bar: It's an order, not a ruling, and it's made in a special kind of proceeding: summary proceedings.
25 mins
  -> Your specialised knowledge vs. my dictionary: you win hands down. What I understood is that it's a court rather than just an opinion here. Correct?
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16 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
ruling in interlocutory proceedings


Explanation:
The judge in interlocutory proceedings does not examine the case in detail, ... It may be that the successful party in interlocutory proceedings may end up ...
en.cms-dsb.com/practice_areas/litigation/law_of_civil_procedure_and_arbitration

hirselina
Works in field
Native speaker of: Native in FrenchFrench, Native in DutchDutch
PRO pts in category: 28

Peer comments on this answer (and responses from the answerer)
agree  writeaway: http://www.proz.com/kudoz/297781 what goes round comes round ;-)
10 mins

agree  Hermeneutica
13 mins

disagree  Attorney DC Bar: An interlocutory order is made in a pending proceeding, prior to final adjudication on the merits. Here, there is no pending proceeding. Rather, application is made to the court in summary proceedings, because the two arbitrators can't agree on the third.
24 mins

neutral  Christopher RH: with rufinus - "référé" can be interlocutory, but is broader in scope and in this case, it isn't.
1 day7 mins
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34 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
appointed... in summary proceedings


Explanation:
Answer given for UK in light of nationality of Asker. Sometimes "in expedited proceedings" and in some mid-Atlantic states in the US "in emergent proceedings".

Attorney DC Bar
Local time: 05:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 205
Grading comment
Thank you!

Peer comments on this answer (and responses from the answerer)
agree  xxxcmwilliams: yes, or emergency proceedings. http://www.proz.com/kudoz/645034
5 hrs

agree  CFK TRAD: Agree ; "summary" instead of "emergency" here, as the appointment of an arbitrator and/or an expert cannot be seen as truly and technically an "emergency" in French law (even though I know it's the way lawyers proceed to go faster !!)
13 hrs

agree  Christopher RH
23 hrs
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): -1
giving a ruling as referee


Explanation:
OK, no agreement as to a third arbitrator by two arbitrators. So the Presiding Judge acts as a referee on the matter and appoints the third arbitrator himself.
Isn't that the crux of it?

AllegroTrans
United Kingdom
Local time: 04:10
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 958

Peer comments on this answer (and responses from the answerer)
disagree  Attorney DC Bar: Sorry, but "en référé" is a specific kind of proceeding and has nothing to do with referees.
2 hrs
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1 day6 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
in response to an application.


Explanation:
The phrase is often omitted.. Simply, the President will not act of his own motion but has to be asked. I would not say "summary proceedings" here since that term implies that an entire case is disposed of rapidly, whereas the appointment of the third arbitrator (usually known as an "umpire" in cases such as this) is merely an intermediate step in a procedure.

Wordwatcher
United Kingdom
Local time: 04:10
Native speaker of: Native in EnglishEnglish
PRO pts in category: 95
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Changes made by editors
Nov 6, 2007 - Changes made by writeaway:
Field (specific)Wine / Oenology / Viticulture » Law (general)
Restriction (Pairs)working » none
Restriction (Native Lang)eng » none


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